ASIF ALI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present application under Sec. 439 of the Code of Criminal Procedure, 1973 ('CrPC') has been filed on behalf of the applicant seeking regular bail in case FIR No. 47/2015 dtd. 20/7/2015, registered at P.S. Special Cell, for offences under Sec. 21and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ('NDPS Act'), pending before the Court of Sh. Ajay Kumar Jain, learned Additional Sessions Judge/Special Judge (NDPS), New Delhi District, Patiala House Court, Delhi.

(2.) Briefly stated, the prosecution case relevant for adjudication of the present application is as under:

(3.) The learned counsel appearing on behalf of the applicant submits that the investigating team failed to comply with the provision of Sec. 42(1) and (2) of the NDPS Act, to the extent that neither any search warrants were obtained for conducting search of the applicant's personal car between sunset and sunrise, i.e., at around 12:15 AM, nor were any grounds, as per requirement of the second proviso to Sec. 42(1) of the NDPS Act, were recorded in writing prior to such search or forwarded to the concerned senior official. Thus, in view of the settled law, such non-compliance leads to vitiation of trial. In support thereof, he relied on the following judgments: