- (1.) S. S. Kulshrestha, J. Heard learned Counsel for the accused applicant and also learned A. G. A.
(2.) THIS bail application is on behalf of accused applicant Sri Ram Prasad @ Parsa alleged to be involved in the offence under Sections 18/20 Narcotic Drugs and Psychotropic Substances Act, 1985 (which is hereinafter called as Act), crime case No. 310/2002, P. S. Ujhani, district Budaun, 'police Ujhani, district Budaun in the course of making search of accused wanted in case crime No. 302/2002 when reached at Dhimro Pulhia got information that certain persons are engaged in illegal Satta business. Places were also indicted. Police party believing on such information reached at those places. In the present case raid was arranged by the police near to the shop of Dr. Ashfak, Sri Virendra was doing Satta whereas Sri Kasim, Sri Vimal and Ram Prasad @ Parsa (accused applicant) were participants thereof. All the four persons were taken into custody. Option was also given to them for having their search in presence of Gazetted officer/magistrate but they preferred to have the search by the police party, which had already caught them. From the possession of the accused applicant twelve Pudias were recovered which were said to be containing smack (contraband narcotics substance ). The weight of the recovered contraband item has not been given in the recovery memo. However, it has come in the rejection order dated 2-8-2002 making it to be 5 gm. or less than that. From the side of the accused applicant it is said that the provisions of Sections 42 and 50 of the Act were not complied. Mere mentioning in the recovery memo with regard to the right of option for search before the Magistrate or Gazetted Officer would not be sufficient. Further such observation has been given in the recovery memo just to complete the formality but as such no option was given to them by the police raiding party. In this regard it may be mentioned that it was all of a sudden search made by the police after having received information when they were in search of the accused to case Crime No. 302/2002. Further the police officer when made the search, in view of Section 100 (3) of the Code of Criminal Procedure was competent to conduct the search and was under no obligation to take permission or authority or to have given the option to the accused applicant for having his search before the Gazetted Officer or Magistrate. However, in the present case, the recovery of 12 Pudias of smack of the weight of 5 Gm is said to have been made which is much less than the commercial quantity. Looking to the facts and circumstances of the case the accused applicant deserves bail. Let Sri Ram Prasad @ Parsa accused applicant be released on bail in the above noted crime case, subject to his furnishing personal bond with two sureties each of the like amount to the satisfaction of the Court concerned. Bail granted. .;