IN RE: SABIR HOSSAIN KHAN Vs. STATE

JUDGEMENT

(1.) It is the case of the prosecution that on Nov. 5, 2016, a raid was held at Mayurakshi Lodge, Suri and from room no.1 of the said Lodge, three (3) miscreants were apprehended, who are now before us, seeking bail in connection with that case.

(2.) It is the further case of the prosecution that during search, total 650 gms of heroin was recovered, which is much above the commercial quantity of 250 gms and the said heroin was kept concealed under a cot in a bag. The seizure was effected in presence of the independent intending witnesses and signatures of all the three petitioners were taken thereon.

(3.) It be noted that before seizure in writing all the three (3) petitioners were apprised of their right to be searched in the presence of a Magistrate or a Gazetted Officer in terms of section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and in response to that they in writing intended. to be searched even in presence of a police officer, who is in the rank of gazetted officer.