IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Bail Appl..No. 2430 of 2008() ----------------------------- O.R. NO. 1 OF 2008 OF DIRECTORATE OF REVENUE INTELLIGENCE, CALICUT ........................................................ PETITIONER : 3RD ACCUSED ---------------------------- GURUDARSHAN SINGH RATTAN S/O.BACHAN SINGH, JAIN TOWER, C-2, 2ND FLOOR BALAMANDIR ROAD, RAJASTHAN. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. P.M.VIJAYAN, SENIOR INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE, CALICUT. 2. STATE REP; BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY SPECIAL P.P. FOR DRI SRI. C.P. UDAYABHANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON 03/06/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * B.A. Nos. 2430 of 2008 * * * * * * * * * * * * * * * * * * Dated: 3rd day of June 2008 ORDER Petitioner who is the 3rd accused in O.R. No. 1/2008 of the Directorate of Revenue Intelligence, Kozhikode, for offences punishable under Sections 21 and 23 of the N.D.P.S. Act, seeks his enlargement on bail. The petitioner was arrested on 25-3-2008. 2. The learned Standing Counsel for the Directorate of Revenue Intelligence opposed the application. 3. I perused the investigation files. What is revealed by the result of the investigation thus far conducted by the DRI is the following:- On the basis of information to the effect that heroin was concealed in the residential buildings rented out by the relatives of one Habeeb Rehman in building No. 27/486, Homeo Bhavan, Puthiyara, Calicut, and in Building No. 1/420, Kolatheekkal House, Cheekkode, Malappuram District, officers of the DRI searched the said buildings on 25-3-2008. A search of the residential house of the said Habeeb Rehman bearing No. 27/486 resulted in the recovery of 5 polythene packets of heroin altogether weighing 5 kgs. The B.A. No. 2430 of 2008 -:2:- contraband narcotic substance was seized by the senior intelligence officer under a mahazar. A search of the residential building bearing No. 1/420 at Cheekode resulted in the recovery of six kgs of heroin on the same day. The said narcotic drug was also seized under a mahazar The residents of the said house namely Muhammed Kunhi and his wife Safia Alias Bybeen deposed in their statements given on 25-3-2008 under Sec. 67 of the N.D.P.S. Act, that the heroin was kept in the locked room in the first floor of the said house by their nephew Habeeb Rahman. On 26-3-2008 a statement of Habeeb Rahman was recorded and he admitted his involvement in the procurement and possession of heroin from the aforementioned houses. Habeeb Rahman had revealed that the drugs were handed over to him at Hotel Malabar Palace, Calicut by two persons by name Rakesh and Gurudharshan Singh Rattan (petitioner in B.A. 2430 of 2008) who were staying in room No. 301 of the said hotel. Habeeb Rahman had further confessed that he had a total stock of 15 kgms of heroin out of which 3 kgs were sold to one Kolayi Abdul Gafoor, petitioner in B.A. 2627 of 2008. Rakesh mentioned by Habeeb Rahman was subsequently identified as one Kiran Kumar. In the statement given by the petitioner under Sec. 67 of the N.D.P.S. Act also he has confessed his complicity. It, prima facie, shows the B.A. No. 2430 of 2008 -:3:- involvement of the petitioner behind the dope racket. Since the officer who conducted the search is a Gazetted Officer duly empowered under Section 41 (2) of the N.D.P.S. Act, he need not comply with Sec. 42 (2) of the said Act. (See Muhammed Hussain Farah v. Union of India - 1999 Crl.L.J. 4303 (SC), M. Prabhulal v. Asst. Director, DRI - 2003 (8) SCC 449 and G. Srinivas Goud v. State of A.P. - 2005 (8) SCC 183. Hence, the alleged non- compliance of Sec. 42 (2) of the N.D.P.S. Act is not fatal to the prosecution. I am not satisfied that both the grounds enumerated under sec.37(1)(b)(ii) of the N.D.P.S. Act are present in this case so as to justify the release of the petitioner. This Application is, accordingly, dismissed. V.RAMKUMAR, JUDGE. ani