ANIL DAS Vs. STATE

JUDGEMENT

(1.) THIS petition is taken up for final disposal with consent of parties. The petitioner is the accused. He is in judicial custody. The petitioner had the benefit of bail in the Trial court, but was unable to take the advantage of the bail order on the ground that he was not able to fulfil the conditions imposed by the Trial Court while enlarging him on bail. The petitioner was directed to be enlarged on bail by the Trial Court on him executing a bond for Rs. 30,000/- with two solvent sureties. The Trial Court also imposed certain other conditions such as, that the petitioner shall report before the Investigating Officer as and when required and shall mark his attendance before the Commercial Street Police Station on every Sunday between 11. 00 AM and 5. 00 PM until further orders. Since the petitioner was not able to get two solvent sureties, the petitioner is still languishing in jail.

(2.) ON 3-7-2002 the petitioner was arrested under S. 20 (b) of the NDPS Act (hereinafter referred to as the 'act') and was produced before the Court and remanded to judicial custody. As stated earlier, the petitioner moved bail and the Trial Court was pleased to enlarge the petitioner on bail. The allegation against the petitioner was that, on 3-7-2002, at about 1. 30 PM Inspector Noushad of CCB attached to the Commercial Street Police Station received credible information that one person was selling Ganja near Kothandarama Nagar within the jurisdiction of the respondent Police. The respondent police took the panch witnesses and one B. C. Rangaswamy as decoy to the place where the alleged Ganja was being sold by the petitioner. A fifty rupee note was given by the decoy witness. At that time, the ACP Mandalkar who is a Gazetted Officer came to the spot and searched the person of the accused and seized 1. 5 Kgs. of Ganja valued at about Rs. 300/- (approximately ). On his arrest, the petitioner was remanded to judicial custody. The petitioner preferred a bail application to the 3rd Additional Sessions Judge, and as stated earlier, the Sessions Judge granted bail on 30-7-2002. Since the petitioner was not able to get sureties, the petitioner has moved this court on various grounds.

(3.) THE first ground is that there has been a violation of S. 50 of the Act in so far as the search was done not in the presence of the Gazetted Officer, but by the Gazetted Officer himself.