RAM SHANKAR Vs. STATE

JUDGEMENT

(1.) This is a petition for grant of bail under Section 439of the Code of Criminal Procedure.

(2.) in this case FIR 223/91 was registered at Police Station KotiaMubarak Pur under Section 20/61/85 of the Narcotics Drugs & PsychotropicSubstances Act (in short the Act) against the petitioner for the alleged recovery of 150 grams of Charas which was in the from of stick.

(3.) Mr. Paul. the learned Counsel appearing on behalf of the petitionersubmitted that in the present case there is a violation of Section 50 of theAct inasmuch as notice under Section 50 served on the petitioner does notbear the signatures of any witness. He further submitted that there is aviolation of Section 55 of the Act also as the samples were not taken in thepresence of the Magistrate. He further alleged the violation of Section 57 ofthe Act on the ground that the report regarding arrest and seizure was notsent to the immediate official superior. In support of his contentions, thelearned Counsel relied on a judgment of the Bombay High Court in thecase of Usman Haidarkhan Shaikh v. State of Maharashtra. 1991 (1) Crimes777 and a judgment of Rajasthan High Court in Nathiya v. State of Rajasthan1992 CCR 133. He. therefore, contended that in view of the violation ofthe statutory provisions of the Act, the petitioner should be released on bail.