LAXMI KANT MANGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant who happens to be an Inspector, Preventive Central Narcotic Bureau, Indore, has moved this application for bail in view of provisions of Section 439 of the Criminal Procedure Code, 1973, (hereinafter referred to as Code).

(2.) SHORT history in this context needs to be given for the purpose of unfolding bitter controversy: Prior to 28-7-1991, the applicant received an information that some narcotic drugs are likely to be carried to southern part of India from Mandsaur area, and, therefore, he recorded that information, contacted his Superior Officers at Neemuch, proceeded to a spot which happens to be at a distance of 8 Kms. from Mandsaur. At 10.00 p.m. he noticed a van without number plate which was chased by him and his associates-in the said raiding squad. The persons who were sitting in the said Maruti Van threw some packets out and escaped. The applicant and his associates working in the same department, took those articles and seized them under Panchnama in presence of Panch witnesses resident of Road No. 4, Kalakhat, Mandsaur namely, Gani and Devilal s/o Bherulal. After the neces­sary formalities were completed, the applicant and his associates in the said raiding squad, returned to Indore and at about 8.00 a.m. on 28-8-1991, those articles containing opium, were deposited by them in depot of C. B. N., Indore. Thereafter, again the applicant had contacted Superintendent of the said department of Indore on the same day and discussed with him about the said raid. He gave detailed information to him about the raid. The samples seized in the said raid were sent to Government Opium Alkaloid Works, Neemuch. A report of that laboratory has been received which shows that the samples were containing significant amount of morphine in it.

(3.) ON or about 14-11-1994, those articles were sent to District Excise Officer to whom the said articles were to be handed over for disposal. It was noticed by him that the articles were not smelling of narcotic drug and hence, he informed the concerned authority in that context.