HARDEEP SINGH Vs. STATE

JUDGEMENT

(1.) This is an application seeking grant of bail to the applicant/accused in FIR No. 06/2020 dtd. 4/1/2020, under Ss. 15/25/29/61/85 NDPS Act, registered at Police Station-Tilak Nagar.

(2.) It is stated that the applicant-accused was found in possession of illicit drug Doda-Post" which was recovered by SI Vikas Sahu, HC Sandeep and Constable Manoj while they were patrolling the area. The applicant along with his brother i.e. co-accused Harjeet was found unloading katta from car bearing No. DL-4CND-8817 make i10. The total recovery of the substance was 58.5 kgs allegedly found in three kattas weighing 17.5 kgs, 22 kgs and 19 kgs respectively. It has been stated by Ms Sushma Sharma, learned counsel for Applicant, that in the present case there is non-compliance of mandatory provisions of Sec. 41 of the NDPS Act. She states that as per the respondent"s case, the applicant and his brother were found at the time of patrolling around 07:15 a.m. The police personnel stopped the boys and on interrogation stated that the katta contained Doda-Post" i.e. poppy straw. The katta was checked and the SI informed the Inspector telephonically who gave orders for taking appropriate action. It was the SI who served the applicant and his brother with a notice under Sec. 50 of the NDPS Act.

(3.) It is argued that in the present case, the Inspector is not a Gazetted Officer nor the authority competent to grant authorization as per Sec. 41 of the NDPS Act. The ACP i.e., the Gazetted Officer nor the Magistrate under Sec. 41 of the NDPS Act ever authorized any officer for the purpose of search, seizure or arrest or investigate in the present case. It is further stated that the SI should have informed the Inspector and the ACP prior to opening of the Katta and only after due authorization, the process of search and seizure had to be followed.