ELBART ANAL Vs. STATE OF MANIPUR
LAWS(GAU)-1994-3-14
HIGH COURT OF GAUHATI
Decided on March 24,1994

Elbart Anal Appellant
VERSUS
STATE OF MANIPUR Respondents




JUDGEMENT

S. Barman Roy, J. - (1.)HEARD Mr. Nimaichand Singh, learned Counsel for the Petitioner and Mr. A. Jagatchandra Singh, learned Public Prosecutor.
(2.)THIS is an application under Section 439 Code of Criminal Procedure, for granting bail to accused Shri N.L. Angshung Anal. He has been arrested in connection with Sugnu Police Station Case No. 49(11)93 under Section 21 of the N.D.P.S. Acton 10.11.1993. He was arrested by the Army authority and from his custody some quantity of heroin powder was recovered and on the following day he was produced before the said police station. The seized heroin was also handed over to the Police. Thereafter the accused was produced before the learned Judicial Magistrate, 1st. Class, Thoubal and since then he is in custody,
Mr. Nimaichand Singh, learned Counsel for the Petitioner first drew my attention to Section 42 of the N.D.P.S. Act and submitted that except the officers mentioned therein, none has any authority whatsoever under the law to arrest the Petitioner or make any search or seizure under the provisions of the said Act. In this case the Petitioner having been arrested by the Army authority and the of fending article having been recovered by the said authority, the arrest, search and seizure, as aforesaid, are clearly illegal and without authority of law and therefore Petitioner has to be released on bail.

(3.)MR . Nimaichand Singh, learned Counsel, further drew my attention to Section 50 and submitted that Section 50, inter alia, requires that whenever a person is arrested and search and seizure is sought to be made, such person should be informed that if he so desires, he may be searched in presence of a Gazetted Officer of the departments mentioned in Section 42 of the Act or before the nearest Magistrate, The accused was never informed by the Army authority about his right as contemplated under Section 50 of the Act. Therefore, Mr. Nimaichand Singh submits that arrest/search/seizure having been made in clear contravention of Section 42 and 50 of the said Act, same are clearly illegal and without jurisdiction/authority and, therefore, the Petitioner has to be released on bail.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.