AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 379 wordsK.H.N. Kuranga, C.J.
Heard both the counsel.
This is an application u/s 439 Cr.P.C. filed by the applicant for grant of bail. He is the accused in Crime No. 123 of 2002 registered in City Kotwali Police Station, Dhamtari for the offence punishable u/s 20(B) of the Narcotic Drugs and Psychortropic Substances Act, 1985 (for short ''the Act'').
The case of the prosecution is that on 3.3.2002 one bus was going from Durg to Konta and the applicant was traveling in the same. It is further the case of the prosecution is that under his seat inside the bus 4 Kg. 600 gms. of Ganja was found which was seized by the Police.
Learned counsel for the applicant submitted that the Police have not followed the procedure u/s 50 of the Act. The Officers who conducted the search have not told the applicant in the language known to him that he has got a right to be searched before a Magistrate or a Gazetted officer and the counsel relied upon the judgment of the Madhya Pradesh High Court in the case of Raju Balaji Kulkarni vs. State of Madhya Pradesh reported in 1996 (1) C.Cr.J. 169 in which the High Court has referred to the judgment of the Supreme Court reported in 1994 SCC (Cri.) 634 and held that the accused has got a right to be told that he has got a right to be searched before a Magistrate or a Gazetted Officer. In the instant case, it appears that this procedure has not been followed.
Admittedly, the Ganja was kept under the seat where the applicant was sitting. Learned counsel for the applicant submitted that he was not having the knowledge of Ganja which was kept under the seat.
Having regard to the facts and circumstances of the case, I am of the opinion that it is a fit case to admit the applicant to bail. Accordingly, the application is allowed. The applicant is directed to be released on bail on his executing a bond in sum of Rs. 5,000/- with two sureties for the like sum to the satisfaction of the concerned Magistrate for his appearance before the said Court/trial Court, or as and where so directed.
Parties are entitled for certified copy of this order.