BHAGIRATH RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This application under Section 439(2) of the Code of Criminal Procedure (in short 'Code') has been filed to quash the order dated 27.7.1993, whereby the Sessions Judge, West Champaran, granted provisional bail to opposite party No. 2 Noor Mohammad in a case under Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act) read with Rule 53 of the Narcotic Drugs and Psychotropic Substances Rules, 1985, as also the order dated 12.8.1993, whereby the order of provisional bail was confirmed.

(2.) It appears on 17.3.1993, on certain confidential information, the Inspector of Customs, Motihari, raided the house of opposite party No. 2 at Bettiah. in connection with prohibitory orders of the Government of India issued under Section 11 of the Customs Act read with Section 3(1) of the Imports and Exports (Control) Act, 1947, as also Section 8 of the NDPS Act. At the time of search of the house of opposite party No. 2, certain quantity of smuggled charas was recovered from his possession. It appears, two separate cases were instituted-one with respect to recovery of 70 Kgs. and the other with respect to 40 Gms. of charas.

(3.) According to the prosecution, the opposite party No. 2 was a professional smuggler of such type of prohibited goods. The statement of opposite party No. 2 was also recorded in presence of independent witnesses. Thereafter, he was taken into custody under the provisions of the NDPS Act and the Customs Act. The present application has been filed on behalf of the Customs Inspector who is the complainant in this case. His grievance is that opposite party No. 2 being habitual smuggler of prohibited articles, it was not proper for the learned Sessions Judge to release him on bail.