AWADESH KUMAR Vs. STATE OF CG

JUDGEMENT

(1.) HEARD .

(2.) THIS is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No. 826/2005, registered at Police Station- Kotwali Jagdalpur, District - Baster (CG) for commission of the offence punishable under section 20(B) of the N.D.P.S. Act, 1985.

(3.) REFERRING to the decision rendered in the matter of Sarija Banu (A) Janarthani alias Janani and another Vs. State through Inspector-of Police1, learned counsel for the applicant argues that the provisions of Section 42 of the N.D.P.S. Act have not been properly complied with in this case and there is serious violation of these provisions. He submits that when the information itself was received at 19.35 hrs, a seizure at 12.10 hrs on the same day possibly cannot be made. He also submits that the timing mentioned about receiving of the information by the higher authority also does not support the investigation conducted by the police. His submission is that the violation of mandatory provisions is apparent on the face of the case diary and the entire investigation conducted by the police becomes suspicious. He prays for releasing the applicant on regular bail.