HARISH CHAND Vs. STATE

JUDGEMENT

(1.) Harish Chand @ Noori has, by way of this application, prayed for bail in case FIR No. 25/91, Police Station Maurice Nagar, under Section 21/65/85 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act).

(2.) Case of the prosecution in brief has been that on the basis of a secret information a raiding party was organised by S. I., Narender Singh. The petitioner was apprehended, an offer was made that he could be searched in the presence of a gazetted officer and that an information was available with the Investigating Officer regarding be being in possession of smack. This offer was declined and thereafter on personal search he was found in possession of 10 gms.of smack. One gram smack was separated as sample. The sample as well as the remaining smack were sealed by the I.0. with the seal of NSC. He took the same in poisession after CFSL form was filled up and in the meantime SHO also came who affixed his own seal of AJS.

(3.) Learned Counsel for the petitioner has submitted that there has been a discrepancy in the Rukka forming the basis of FIR and the seizure Memo, which thereby indicate that either of the two documents have been fabricated. He has also submitted that there has not been any compliance of the provision contained in Sections 50 and 55 of the Act and that the petitioner infact has falsely been Implicated and nothing was recovered from him,