B K ASOKAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard. The learned counsel appearing for the petitioner strenuously contented before me that in as much as the first petitioner was arrested on 17.10.1993 in the room situate at No. 206 Sri Visweswara Bhavanam, Millers Road, Madras and nothing has been recovered from him, no mahazar was prepared. However, in doing so, according to the learned counsel, Section 42(2) of the N.D.P.S. Act and Sec. 57 of the N.D.P.S. Act, have not been complied with by not sending the special report by the arresting officer to his immediate superior.

(2.) With regard to the said aspect of noncompliance of Sec. 42(2) of the N.D.P.S. Act, there was no counter argument on behalf of the respondent. But, however, the learned Standing Counsel for the respondent would contend that Sec. 57 of the N.D.P.S. Act has been duly complied with by the respondent. Since the above said contention is similar to the one raised in Criminal O.P. No. 13001/93 dated 2.12.1993, this Court, after due consideration has held that there was no compliance of Section 57 of N.D.P.S. Act, which is a mandatory one in that easy which relates to one of the co-accused in the instant case. Therefore, I find no difficulty in accepting the contention of the learned counsel appearing for the petitioners in this regard. For the reasons aforesaid, as was decided by the Bench of this Court, the noncompliance of the mandatory provision under Sec. 57 of the N.D.P.S. Act clearly entitles the petitioners to be enlarged on bail by giving the ground for, presuming that they arc not likely to commit any offence and even if they are enlarged on bail, they arc not likely to do so and section 37 of the Act is no bar for the same, as held by the apex court in 1997 Law Weekly (Criminal) (S.C)

(3.) For the above said reasons, I am inclined to grant bail to the petitioners on their executing a bond for a sum of Rs. 50,000/- (Rupees fifty thousand) with two sureties for a like sum each to the satisfaction of the learned Special Judge (N.D.P.S. Act). Madras, however, with the following other conditions: