DHIRAN SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS bail application has been preferred under Sections 439 of the Indian Penal Code in connection with Basistanagar P.S. Case No. 12 of 2011, corresponding to G.R. No. 248 of 2011, for the offence, registered under Sections 16, 18 and 20 of the Narcotics Drugs & Psychotropic Substance Act, 1985.

(2.) IT appears that during search carried out by the police officer, huge quantity of opium i.e. 7000 gms. (7 Kg.), which is much more than the commercial quantity, was seized from the Bolero Jeep. Samples of the said substance was drawn and sent for the report of F.S.L. The F.S.L. Report has now been received by the Investigating Officer, who has also presented the same in the earlier Sessions Case before the Sessions Court and the said F.S.L. Report says that the substance, seized from the said Bolero Jeep was opium and the trial with respect to the accused, who were not absconding, was concluded and they have also been punished for 12 years rigorous imprisonment with a fine of Rs. 1,20,000/ -. Those accused have preferred Appeal before this Court and the same is pending.

(3.) LEARNED counsel for the applicant has submitted that no offence has been committed by this applicant. This applicant was never caught red handed from the said Bolero Jeep, from where 7 Kg. opium was initially searched and seized and thereafter, seizure list was prepared. It is further submitted by the learned counsel for the applicant that the officer, who has carried out the search and seizure, is not an authorized officer under the Narcotics Drugs & Psychotropic Substance Act, 1985 (herein after referred to as "N.D.P.S. Act, 1985 for the sake of brevity) and, therefore, his action under Sections 49 and 50 of the N.D.P.S. Act, 1985 is illegal. It is further submitted by the learned counsel for the applicant that looking to the First Information Report, this applicant was not named nor he has been narrated as a driver and those accused, who were initially arrested at the spot, have also not given the name of this applicant. It is further submitted by the learned counsel for the applicant that the owner of the Bolero Jeep -Mithilesh Yadav has been granted bail and there is no value of the statement, made by one of the co -accused, as he can give any body's name.