HAWA SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

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

(2.) Mr. Naseem, learned counsel for the petitioner has submitted that there was no person in the raiding party having initial 'MS' of which the seal has been used in alleged sealing the sample and the case property. He further submitted that there is no explanation as to why the seal of any member of the raiding party was not taken and used. He, therefore, contended that in these circumstances, prima facie, the enuineness of the search and seizure is doubtful. In suport of his contention he relied on two judgments of this Court reported in Mohd. Anis @ Anis Ahmad vs. State 1992 JCC 446 and Ram Saran @ Kale vs State 1992 JCC 447.

(3.) Mr. Sawhney, learned counsel appearing for the State, admitted the fact that the seal of 'MS' belongs to SI Mohinder Singh who was not a member of the raiding party. He, however, submitted that the aforesaid officer was posted at Special Staff Dhaula Kuan at the relevant time and the raid was also conducted by the Special Staff Dhaula Kuan. He, therefore, contended that the fact as to why the seal of an officer who was not a member of the raiding party was used will be explained during the trial.