ANWARUL ISLAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred from jail by the two appellants, who were tried before the Special Judge, N.D.P.S. Act having been charged under sections 20(1) (b) and 23 of the N.D.P.S. Act. The appellants were caught by the Custom Officers near Kataujha bridge on Sitamarhi - Muzaffarpur P.W.D. Road in the district of Sitamarhi on 25.1.1987 along with 2 kgs. 500 gms Charas. The appellants were sentenced to undergo R.I. for 10 years each under section 20(1) (b) and 23 of the N.D.P.S.Act. The period already undergone by them in jail custody was set off.

(2.) IT is not necessary to deal with the facts oi the case in detail since this appeal must succeed on short ground that there was no compliance of section 50 of the Act and therefore the conviction of the appellants was illegal. The record of the case does not show that the mandatory provision contained in section 50 was complied by the Custom Officers, who arrested the appellants and seized the contraband articles. It is also startling that the case was instituted 11 months after the arrest of the appellants. There is no explanation for the inordinate delay.

(3.) IN Mohinder Kumar V/s. State of Panaji, Goa, 1995 Cr. L.J. 2074, the Supreme Court following the decision in State of Punjab V/s. Balbir Singh (1994)3 S.C.C.299, held that if a police officer without prior information, makes a search and effect the arrest of persons and if during such search he stumbles on a chance recovery of any narcotic drugs or psychotropic substance and if he happens to be a police officer who is not empowered under the Act to effect search and seizure, he should inform the empowered officer as required by the Act. If he himself happens to be the empowered officer, then from that stage onwards the investigation must be carried out in accordance with the provisions of the Act.