ANGREJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is a truck driver. On 12. 11. 91, 150 bags were loaded in his truck from Indore and the description given in the goods receipt issued by M/s. Laxmi Oil Products Limited, Vishva Nagar, District Kharrgon Madhya Pradesh showed that the bags contained animal food. According to the petitioner he was not knowing what was in the bags and he did not check the contents of the same. At the octroi post near Deoli when his truck was checked it was found that the bags contained poppy straw powder. THE accused was asked whether he wanted to be checked in the presence of a Magistrate or a Gazetted Officer but he agreed for the checking by Shri Sheo Narain Inspector, Narcotics who was on duty at the relevant place. After investigation a complaint was submitted before the Additional Munsifand Judicial Magistrate, Tonk. His bail application before the trial court was pressed on the ground that he was not in conscious possession of any Narcotic drugs, but his plea was not accepted. Now he has approached this court.

(2.) IT has been contended on behalf of the petitioner that being an illiterate person and only a driver, the petitioner could not have known as to what was in the bags and he in good faith took them in his truck and he cannot be said to be guilty of any offences under the NDPS Act. IT has been contended that the provisons of section 50 of the Act have not been complied with. IT is contended that only as a formality it is recorded that the person was asked whether he wished to get a search conducted by a Magistrate, or a Gazetted Officer and actually this choice was not made available to him. IT is also contended that the power of search can be exercised only after the competent person has reason to believe that a search warrant cannot be obtained without affording an opportunity for the concealment Of evidence or facility of the escape of the offender and the officer has to record his information in writing or record the grounds for his belief and send a copy of the same to his immediate official superior. Non compliance of section 52 A, 55 and 57 of the Act have also been mentioned in the application.

(3.) THE cases relied upon by the prosecution are as follows.