KALLOO Vs. UNION OF INDIA

JUDGEMENT

(1.) K. K. Birla, J. These are three connected Crl. revisions. Criminal Revision No. 1058 of 1988 and Crl. Revision No. 1130 of 1988 arise out of the order dated 19-5-1988 passed by the Chief Judicial Magistrate, Varanasi, while Crimi nal Revision No. 1755 of 1988 arises out of the order dated 5-9-1988 passed by the Chief Judicial Magistrate, Varanasi. As the common question arises in all these three revisions, they are being disposed of by this common order.

(2.) IN brief, an INtelligence Officer of Narcotics Control Bureau, Govern ment of INdia at Varanasi along with his staff raided the premises H. No. 8531 Audhgarbi, Varanasi on 28-5-1987. Three Kilograms of imported Ganja of Nepal origin and incriminating documents were recovered. Channoo Lal in Criminal Revision No. 1130 of 1988 and Jagdish son of Kalloo alias Kalika Sao in Criminal Revision No. 1058 of 1988 were in the premises at the time of the raid. According to the prosecution, the premises are alleged in the occupation and control of Kalloo revisionist. After obtaining report from the Chemical Examiner the complaint dated 27-8-1987 was filed under Sections 8202325, Narcotics Drugs and Psychotropic Substance Act, 1985 read with Section 11 of the Customs Act, by the INtelligence Officer of Narcotics Control Bureau, Govern ment of INdia, Varanasi.

(3.) IN these cases the complaint was filed by the INtelligence Officer of Narcotics Control Bureau, Government of INdia Varanasi, a public servant, which was accompanied by papers, and the Chief Judicial Magistrate, Varanasi, straight way summoned the accused by the impugned orders. These summoning orders have been challenged.