IN RE: SAHEDUL MAHALDAR Vs. STATE

JUDGEMENT

(1.) The petitioner is seeking bail in connection with a case relating to offences punishable under Sections 21( c ) of the Narcotic Drugs and Psychotropic Substances Act and Sections 379/411 of the Indian Penal Code.

(2.) The learned advocate of the petitioner submits that the petitioner is in custody for last 270 days and the charge sheet has already been submitted. The learned advocate of the petitioner further submits that total 257 grams of heroine in a bag has been allegedly seized from the possession of the petitioner. The learned advocate of the petitioner further submits that the alleged seizure was made in the presence of Circle Inspector of Police of the local area which is a breach of Section 50 (1) of the N. D. P. S. Act, 1985. The learned advocate of the petitioner relies on a decision of the Hon'ble Supreme Court in the case of State of Rajasthan Vs. Parmanand & Anr.,2014 2 CCrLR 319(paragraph 19) and submits that the accused should have been taken to the nearest Magistrate or the nearest Gazetted Officer so that the search could be made in presence of an independent officer. The relevant extracts from the aforesaid decision are set out hereunder :

(3.) The learned advocate of the State submits that the concerned Circle Inspector of police officer is a Gazetted Officer in whose presence search was conducted and the said police officer should also be taken as an independent officer.