NEELAM Vs. STATE

JUDGEMENT

(1.) This is to dispose of an application for bail by Neelam under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") for being in possession of 21 Kg. of POST KA CHOORA on 3.3.1993.

(2.) Briefly stated, the case of the prosueciton has been that on 3.3.1993, SI Hira Lal, while accompanied by Police Constables was present in the Peera Garhi Relief Camp when he received a secret information that POST KA CHOORA was being sold at a shop in A Block and in the mean time, SI Jagdish Prashad, Incharge P.P.Tilak Vihar, while accompanied by ASI Ram Kumar, Constable Lal Chand and Sardar Singh, an accused under Section 15 of the Act in FIR No. 124/93 came and the secret information was verified. Accordingly, a raiding party was organized by SI Hira Lal in which, all the aforesaid persons were joined besides one Nathi Ram from the public.

(3.) Neelam was found sitting at Shop A-375, Refugee Camp, who was pointed out by Sardar Singh as also by the secret informer. The premises of Neelam were searched after lady Constable Shailender was called and two bags having 12Kg and 9Kg of POST KA CHOORA were recovered. One Kg. was taken out as sample and thereafter, sample and the remaining POST KA CHOORA was converted into two parcels and were sealed with the seal of GS. CFSL form was also filled in and these were taken into possession. Notice under Section 50 of the Act was also given to Smt. Neelam if she wanted to get the premises searched in the presence of a Gazetted Officer, which offer was, however, declined by her. It is, in these circumstances, that the petitioner was challaned.