MURARI PRASAD BHADANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Anticipatory bail application filed by petitioner Murari Prasad Bhadani is moved by Sri Deepak Kumar and opposed by Sri R. Mukhopadhyay, learned S.C.-II and Sri G.S. Prasad, learned Additional P.P.

(2.) It is alleged that the informant, namely Yogendra Prasad Singh, Assistant Sub Inspector of Police, entered in the shop of petitioner and conducted search and seizure. It was submitted that the said Yogendra Prasad Singh had conducted search and seizure without any order of District Magistrate or Sub Divisional Magistrate or Magistrate, as envisaged under the Code of Criminal Procedure.

(3.) In view of the aforesaid submissions of learned counsel for the petitioner, Additional P.P. was directed to file counter affidavit sworn by Yogendra Prasad Singh, Assistant Sub Inspector of Police stating therein as to who authorized him to conduct search and seizure in the shop of petitioner. The said Yogendra Prasad Singh filed counter affidavit on 11.8.2013, wherein at paragraph no. 11, he stated that he has been directed by his higher authorities to conduct search and seizure. It then appears that on 6.8.2013, the learned Additional P.P., after seeking instruction from aforesaid Yogendra Prasad Singh, has submitted that A.S.I. has been directed by Inspector of Police, Bank More Circle, namely, Prem Ranjan Sharma, to conduct search and seizure in the shop of petitioner. Thereafter, the Inspector of Police, Bank More Circle, has been directed to remain physically present in this Court and file show cause. The aforesaid Inspector, Prem Ranjan Sharma has filed his show cause, wherein he stated that he had not given such direction to the informant. It is not out of place to mention that informant is subordinate of the Inspector, namely, Prem Ranjan Sharma and he could do all his official duty on the direction of Inspector.