IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71822 of 2019

Arising Out of PS. Case No.-559 Year-2019 Thana- ARA NAWADA District- Bhojpur

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SUNIL SINGH Son of Late Rajdeo Singh Resident of Village -

Purushottampur, P.S.- Mufassil in the district of Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Sunil Kumar

For the Opposite Party/s :

Dr. Indiwar Kumari

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

ORAL ORDER

8

17-06-2020

The matter has been taken up through virtual Court

proceeding.

Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner is languishing in jail since 24.7.2019 in a

case registered for the offences punishable under Sections 8 and

21(a) of the NDPS Act (hereinafter referred to as the Act).

The prosecution case, as per the written report of Manindra

Kumar, S.I. of Police, submitted to the SHO, Ara Nawada Police

Station is to the effect that on 23.7.2019 at 6.00 P.M., a

confidential information was received that one person is selling

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Heroin near Maharaja College. Consequently, a raiding team

was constituted and raid was laid and one persons was

apprehended who disclosed his name as Dinesh Prasad. On

search being made, from the left pocket of his shirt, 4 gram

white brown material appearing to be Herion, was recovered.

Thereafter, samples of 2 gram each was made of the seized

material. During enquiry, co-accused Dinesh Prasad suggested

that he brought Heroin from Sunil Singh (petitioner), thereafter

the room of the petitioner was raided and from his house,

Acetanilide 98.5% -500 gram kept in a white and blue coloured

box on which chemical name of the material was mentioned,

Amonium Chloride kept in three white colour boxes, each

containing 500 gram, Amonium Chloride 400 gram kept in

another white coloured box and Sodium Chloride 500 gram kept

in a white blue coloured box and other white material weighing

100 gram were recovered, leading to registration of the present

case.

It is submitted by learned counsel for the petitioner that the

seized materials are neither psychotropic substance nor narcotic

drug. Statement has been made in paragraph 3 of the petition

that the petitioner is not having any criminal antecedent. The

investigation has already been concluded and there is no

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likelihood of the trial being concluded in near future.

Learned APP, however, submits that one of the seized

articles (Acetanilide) finds place in the table given under the Act

and its small quantity is 0.005 gram but she fails to convince the

Court that the chemical name of the said item does not tally with

the seizurelist. Learned APP is also unable to explain as under

what circumstances the samples were not sent to the Forensic

Science Laboratory for its chemical examination.

The Act governs the possession, cultivation, production,

manufacture, sale, purchase, transport, export, import of

narcotic drugs and psychotropic substance. Narcotic drug has

been defined in Section 2 (xiv) of the Act, which reads as

follows:

“2 (xiv) "narcotic drug" means coca leaf,

cannabis (hemp), opium, poppy straw and includes

all manufactured drugs;”

The prosecution case does not suggest that the seized

articles were either coca leaf, cannabis (hemp), opium poppy

straw or any other manufactured drugs. The informant has

mentioned the name of seized articles what is mentioned on the

box containing the seized article. It is not expected from a police

officer who is not a chemical expert to know the chemical

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