SITA RAM ALIAS DHETIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER seeks bail in case F.I.R. No. 89 dated 2.4.1997 under Section 18 of the N.D.P.S. Act registered in Police Station Tohana Distt. Hisar.

(2.) BRIEF facts of the case are that a police party headed by Assistant Sub Inspector Jai Narain was near Kalan Maghera minor bridgee, Laloo Ram Lambardar of Dharsul Khurd who was coming from his fields met the police party. When A.S.I. Jai Narain was discussing something with him a person was seen coming from "Indachhul" near the said bridge. That person on seeing the police party turned towards the fields. A.S.I. Jai Narain became suspicious of his movements and accosted him. On inquiry that person disclosed his name as Sita Ram alias Delia son of Gopal resident of village Sathala Haq. On asking as to why he was fearing, he told that he was carrying opium. A notice under section 50 of the N.D.P.S. Act was given. He was asked whether he wanted to be searched by him in the presence of a Magistrate or Gazetted Officer. In reply, Sita Ram stated that he had no objection if his personal search was conducted in the presence of a Magistrate or a Gazetted Officer. Attar Singh a police official was sent to call the Deputy Superintendent of Police at the spot. Kuldip Singh Dy. Superintendent of Police reached the spot along with Attar Singh and others police officials. Sita Ram was produced before him for search. Under the orders of the D.S.P., A.S.I. Jai Narain conducted the personal search of Sita Ram. Sita Ram was carrying opium wrapped in a polythene paper along his belly. Ten grams of opium was taken as sample. The remaining bulk on weighing was found to be 1 K.G. 490 grams.

(3.) THE contention raised is misconceived and has no persuasive force. The notification dated 29.12.1986 issued by the Haryana Government, Excise and Taxation Department published in Haryana Govt. Gazette (Extra), reads as under :- No. S.O. 103/C.A. 61/85/S.42 and 67/86. - In exercise of the powers conferred by sub-section (1) of section 42 and section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Governor of Haryana hereby empowers the officers, of and above the rank of Excise Inspector in the Excise and Taxation Department; of and above the rank of Naib Tehsildar in the Revenue Department and of and above the rank of Assistant Sub Inspector in the Police Department to exercise the powers and perform the duties specified in Section 42 within the area of their respective jurisdiction and also authorise the said officers to exercise the powers specified in section 67.