BADRI NARAYAN GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for the release of the money amounting to Rs. 71,690/ - which was seized during the raid in the house of the petitioner alongwith a packet suspected to be Heroin. The application filed by the petitioner was rejected by the Additional Sessions Judge, VIII, Patna for the release of the aforesaid money.

(2.) IT has been submitted that the packet so seized was sent for its chemical examination in two laboratories i.e. Forensic Science Laboratory, Patna and Government Opium and Alkaloid Works Gajipur (U.P.). From the reports (Annexures 3 and 4) it was found that the seized article which was sent for chemical examination was not Heroin or psychotropic substance as alleged. It is also not in dispute that the cash so recovered was from the premises of Jewellery shop of the petitioner. There is nothing on the record to prove that the same was sale proceed of the Heroin. It was only on presumption that it was the sale proceed of Heroin.

(3.) IN view of above the order passed by the learned Additional Sessions Judge, VIII, Patna dated 11.10.2001 is set aside and accordingly it is directed that the money so seized be released in favour of the petitioner on furnishing adequate securities to the satisfaction of the court below.