KALLOO Vs. STATE

JUDGEMENT

(1.) THE matter was heard on 5-4-1996. THE appli cant is being prosecuted in Case Crime No. 134 of 1995 under Section 21 (1) of the NDPS Act relating to Police Station Luxa, district Varanasi, for having been in possession of 10 packets of heroin. Bail has been pressed on the ground that the provision of Sections 52 and 57 of the NDPS Act were not followed. THE report of seizure as indicated in the FIR states that there had been a theft of certain lottery tickets for which a Police Case was registered. THE complainant had informed the Police that three boys were coming on a scooter and they were the persons who had committed the theft. THE police intercepted the scooter on the way and caught hold of three boys including the present applicant. It is stated that from the pocket of his trousers 10 packets of heroin was seized. THE stolen lottery tickets were also allegedly recovered from the back of the scooter. THE owner of the lottery tickets was present at the spot. According to the report, the seizure memo was not signed by any public witness, not even the com plainant as per the FIR. Sections 52 and 57 of the NDPS Act dealt with steps to be taken by the officer after making arrest and seizure such actions are not to be indicated in the FIR and no comment need be made at this stage. On these points but in view of the circumstances of the alleged seizure, I direct that the applicant Kalloo, may be released on bail of Rs. 20,000 with two sureties of the like amount to the satisfaction of the C. J. M. , Varanasi in the case noted above. Bail granted. .