Sanjay Kumar @ Sanjay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13945 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== Sanjay Kumar @ Sanjay Prasad, aged about 45 years (Male) Son of Late Saryug Prasad @ Saryu Singh Resident of Village- Jahana, P.S.- Akbarpur, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Sen Prasad Singh For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-06-2020 Heard learned counsel for the petitioner and learned counsel for the State through virtual court proceeding. In this case, the petitioner is seeking bail in connection with Akbarpur P.S. Case No. 04 of 2020 registered for offences under sections 8(b), 20(a)(b) of the N.D.P.S. Act. On receipt of secret information, a raid was organized whereafter the village of the petitioner was raided including the house of the present petitioner and the police recovered ten Ganja plants weighing 60 Kg. from the land situated adjacent to the house of the present petitioner. Learned counsel for the petitioner submits that it is a fictitious case, inasmuch as, Section 50 of the N.D.P.S. Act has not been complied as search and seizure was not made and
Patna High Court CR. MISC. No.13945 of 2020(2) dt.03-06-2020 2/2 prepared bearing signature of Gazetted Officer or the Magistrate and prepared the same without following the mandate of Section 100 Cr.P.C. and the search has been done in duel capacity by S.D.P.O. who was a member of the raiding party. So far as the irregularity in preparing the seizure list is concerned, it will be seen at the time of trial. For the present, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, above named, is rejected.
(Shivaji Pandey, J) rishi/- U T