LAWRANCE SINGH RANA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The present petition is for grant of bail under section 439 Criminal Procedure Code.

(2.) Briefly stated, the case of the prosecution is that on 10th May, 1992 some police officers led by SHO police station Lajpat Nagar were on a round in the area where an informant informed the SHO that at Shiv Mandir near Jal Vihar Terminal some persons had charas in their possession. It is further alleged that SHO oragnised a raiding party and some passers by were informed the circumstances and requested to join the raiding party but all of them expressed their inability. Accordingly, a raid was conducted <PG>250</PG> without associating any public witness. The petitioner tried to run in the direction of Jal Vihar Terminal but was apprehended by SI Shiv Narain with the help of one constable. It is further alleged that a packet containing material which looked like charas was recovered from him and its weight was found to be 0.65 gms out of which 00.5 gms was taken out for the purpose of sampling. The petitioner was thereafter arrested for an offence under section 20 of the NDPS Act.

(3.) Mr. B.T. Singh, learned counsel appearing for the petitioner, has submitted that in the FIR the weight of the charas alleged to have been reovered from the petitioner is shown as 0.65. and, accordingly, the offence against the petitioner can be under section 27 and not under section 20 of the NDPS Act. Leamed counsel further submitted that there is violation of section 57 of NDPS Act inasmuch as report under section 57 was not sent to the immediate superior officer. In suport of his contentions learned counsel for the petitioner has placed reliance on three judgments, Lawrance D' Souza vs. State of Maharashtra and another, 1992Crl.L.J. 399, A.V. Dharamasingh and others vs The State of Kamataka by the Public Prosecutor, Bangalore, 1993 Crl.L.J. 94 and Wilson Dayal vs Slate, DRJ 1993 (25) 49.