TMI Blog2000 (9) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... case the procedure prescribed under Section 49 read with Section 43 was attracted, which, on facts, has been found to be followed. Keeping in mind the facts and circumstances of the case and the mandate of law, as explained by this Court in Abdul Rashid Ibrahim Mansuri’s case (supra), we are of the opinion that the appellant had not discharged the burden of proof in any manner to rebut the presumption envisaged under Section 35 of the Act. He has been proved to be transporting the opium with a conscious mind and full knowledge. All ingredients of the offences with which he has been convicted and sentenced had been proved by the prosecution. Appeal dismissed. - Special Leave Petition (crl.) 982 of 1999 - - - Dated:- 13-9-2000 - K.T. Thomas and R.P. Sethi, JJ. JUDGMENT Leave granted. The appellant, a truck driver was apprehended and arrested on 21st August, 1992 by a Preventive Party, on the Kota-Bundi Road in Rajasthan as he was shown to be carrying 96.600 kgs. of opium in his Truck No.PCT 9997. The opium was found concealed in three gunny bags containing 21 raxine bags. After compliance of the requisite legal formalities, a case under Section 8/18 of the Narcotic Drugs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d get the truck searched in the presence of a Gazetted Officer or a Magistrate. He was told by the accused that the truck may be searched by any officer or employee. As by that time rain had started and there was no arrangement of light at the place of checking, the preventive party took the truck along with its driver to the Control Room of Central Narcotics Bureau, Kota. PW8, Nand Lal Rai along with other employees searched the truck in the presence of Anand Singh Negi and other witnesses and found three gunny bags containing opium, as noticed earlier. From each of the gunny bags 2-2 samples of 24-24 grams opium was taken for chemical examination and the samples seized in the presence of the witnesses. The raxine bags containing opium were placed in the gunny bags in the condition as it were and each of the gunny bags was wrapped in white cloth and sealed. Nand Lal Rai, Inspector(PW8), Anand Singh Negi (PW4) and other employee-witnesses of the Department put their signatures on the samples and the three bundles. They also signed the Panchanama. The appellant was arrested under the Act. Inspector Nand Lal Rai then went to the office of the Superintendent, Central Narcotic Bureau, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions section 55 of the Act have been duly complied with." The High Court also found that the provisions of Section 42 of the Act were not applicable in the case and as resort was not had to the procedure prescribed under Clause (a) of sub-section (3) of Section 52, the compliance of Section 55 was not necessitated. The Act was enacted to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances to provide for the forfeiture of property derived from, or used in, illicittraffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances and for the matters connected therewith. Chapter V comprising of Sections 41 to 68 deals with the procedure relating to issuance of warrants and authorisation, power of entry, search, seizure and arrest without warrant or authorisation, procedure where seizure of goods liable to confiscation not practicable, conditions under which searches shall be conducted, disposal of persons arrested and articles seized, presumptions regardi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wer of Seizure and arrest in public places. Any officer of any of the departments mentioned in section 42 may-- (a) seize, in any public place or in transit, any narcotic drug or psychotropic substance in respect of which he has reason to believe an offence punishable under Chapter IV has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act, and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under Chapter IV relating to such drug or substance. (b) detain and search any person whom he has reason to believe to have committed an offence punishable under Chapter IV, and, if such person has any narcotic drug or psychotropic substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. Explanation--For the purposes of this section, the expression "public place" includes any public conveyance, hotel, shop or other place intended for use by, or accessible to, the public." Section 49 of the Act provides: "Power to stop and search conveyance --Any officer authorised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from them and all samples so taken shall also be sealed with a seal of the officer-incharge of the police station. Relying upon this Section Mr.Jayant Bhushan, learned amicus curaie, submitted that as after the seizure the goods were sent to the Superintendent, Central Narcotic Bureau, Kota, who, as per law, being incharge of a police station, had not affixed his seal on the articles and the samples, the whole of the procedure followed being illegal, entitled the appellant to be acquitted. The argument, though attractive on the face of it, when analysed in depth, is found to be without any substance. With the application of Section 51 read with Sections 52 and 53 of the Act, the officer required to affix the seal etc., under Section 55 of the Act, would be "the officer incharge of the nearest police station" as distinguishable from and officer incharge of a police station empowered under Section 53 of the Act. If resort is had to the procedure prescribed under sub-section 3(a) of Section 52, the applicability of Section 55 of the Act would be attracted but if the arrested person and the seized articles are forwarded under Clause (b) of sub-section (3) of Section 52 of the Act to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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