Madan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61223 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Madan Prasad, Son of Satnarayan Prasad, Resident of VillageValuwahiya, P.S.- Mainatarh, District- West Champaran, Betiyah. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Inarwa P.S. Case No.26 of 2017, corresponding to Trial No.42 of 2017, a case under Section 414 of the Indian Penal Code and Sections 22/23/24/27A/29 of the N.D.P.S. Act. Submission of the learned counsel for the petitioner is that though there is allegation of recovery of 100 Kgs of Ganja but the production-cum-seizure list, prepared in this case, would reveal that the Ganja and other narcotics were produced by the Assistant Commandant of S.S.B. at the police station. Section 52 of the N.D.P.S. Act does not permit such procedure of seizure. The seizure should have been made at the spot and, if required, in

Patna High Court Cr.Misc. No.61223 of 2017 (4) dt.08-02-2018 P2/ presence of the Magistrate. Therefore, whole prosecution case is vitiated for the aforesaid reason in view of the well settled principle of law by different judicial pronouncements. Considering the aforesaid infirmity, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T