SMT. SUMTA @ SUNITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been preferred against seizing/freezing order passed for seizure of Plot No.C-46, Parshvanath City, Jodhpur of the petitioner in FIR No.190/2016, registered at Police Station, Boranada for the offences under Sections 8/18, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and Sections 467, 468 and 471 IPC.

(2.) Brief facts of this case, as noticed by this Court, are that an FIR bearing No.190/2016 was registered at Police Station, Boranada on 11.10.2016. During investigation, on 14.10.2016, a notice was given to the petitioner by the SHO, Police Station, Luni under Sections 68-E and 68-F of the Act. As per the notice, the concerned SHO, during investigation of the above-mentioned FIR No.190/2016, seized 70 grams of opium and some cash from possession of the present petitioner from the above-mentioned property. The SHO, Police Station, Luni vide notice dated 14.10.2016 seized the property of the petitioner under Sections 68-E and 68-F of the Act. The copy of the said notice was sent to the Deputy Commissioner (West), Jodhpur Commissionerate and the competent authority under the NDPS Act, New Delhi. Thereafter, the concerned SHO has locked and sealed the premises of plot No.C-46, Parshvanath City, Jodhpur.

(3.) Learned counsel for the petitioner has pointed out that invocation of Sec. 68-F of the Act was illegal, as under the relevant provision, copy of the order of seizure was to be sent to the competent authority within forty eight hours and was to be approved within thirty days by the competent authority, failing which the proceedings under Sec. 68-F of the Act shall have no effect.