Patna High Court - Orders
Amarendra Kumar Singh & Anr vs The State Of Bihar & Anr on 16 July, 2013
Author: Mandhata Singh
Bench: Mandhata Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6280 of 2011
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1. Amarendra Kumar Singh, S/o Bharat Singh, R/o vill. Babuganj English,
P.S. Itarhi, District - Buxar
2. Aditya Mishra, S/o Jagannath Mishra, R/o Vill. Bakasara, P.S. Itarhi,
District - Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Parshuram Prasad, S/o Late Baliram Prasad, R/o Vill. Madhupur, P.S.
Bihta, District - Patna, At Present Dy. S.P. Office, Buxar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Digvijay Kumar Ojha
For the Opposite Party/s : Mr. Gopi Krishna
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CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH
ORAL ORDER
9 16-07-2013Heard learned counsel for the petitioner and learned counsel for the State.
This application is filed for quashing the order dated 18.12.2010 passed in N.D.P.S. Case No. 03 of 2006 by the learned District and Sessions Judge, Buxar-cum-Special Judge, Buxar and also the F.I.R. dated 08.04.2006 registered in Buxar (Town) P.S. Case No. 121 of 2006.
Informant, a Guard, deputed at residence of Dy. Superintendent of Police, Buxar along with constable, Uday Narayan Prasad came to a Tea Stall near Petrol Pump. He received confidential information near Taxi Stand about remaining of Heroin in Jeep No. BR-44-1327 of petitioners. After searching, he recovered 15 packets of Heroin.
Patna High Court Cr.Misc. No.6280 of 2011 (9) dt.16-07-2013 2
A Single legal point is raised that there can be no search or seizure by police constable. Section 42 of the Narcotic Psychotropic Substance provides for search and seizure by officer superior in rank to a peon, sepoy or a constable of the revenue, drugs control, excise, police or any department of the State Government. Admittedly, informant is a constable in Police Department of the State Government. Finding search and seizure without jurisdiction (illegal), prosecution may not be allowed to continue.
Accordingly, this quashing application is allowed. The order of taking cognizance dated 18.12.2010 passed in N.D.P.S. Case No. 03 of 2006 by the District & Sessions Judge, Buxar-cum-Special Judge, Buxar along with entire proceeding against this petitioner in connection with Buxar (Town) P.S. Case No. 121 of 2006 is hereby quashed.
(Mandhata Singh, J.) Shail/-