N L ANGSHUNG ANAL Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Nimaichand Singh, learned counsel for the petitoner and Mr. A. Jagatchandra Singh. Learned Public Prosecutor.

(2.) This is an application under Section 439 Cr P.C. for granting bail to accused Shri N.L. Angshung Anal. He has been arrested in connection with Sugnu Police Station Case No.49 (11)/93 under Section 21 of the N.D.P.S Act on 10-11-1993. He was arrested by the Army authority and from his custody some quantityu and from his custody some quantity of heroin powder was recovered and on the following day he was produced before the said police station. The siezed heroin was also handed over to the police thereafter the accused was produces before the learned judical magistrate 1st Class. Thoubal and sincce then he is in custody

(3.) Mr. Nimaichand Singh, learned counsel for the petitioner first drew my attention to Section 42 of the N.D.P.S. Act and submitted that except the officers mentioned therein, none has any authority whatsover under the law to arrest the petitioner or make any search or seizure under the provisions of the said Act. In this case the petitioner having been arrested by the Army authority and the offending article having been recoverd by the said authority, the arrest,search and seizure, as aforesaid, are clearly illegal and without authority of law and, therefore petitioner has to be released on bail.