TASAUR ANSARI Vs. UNION OF INDIA

JUDGEMENT

(1.) S. K. Verma, J. Heard learned Counsel for the parties and perused the relevant documents placed on record. The first bail application of the applicant was rejected by this Court on 8-2-1994. In the present application the plea of non-compliance of Section 42 of the Narcotic Drugs and Psychotropic Substances Act has been taken. Reliance has been placed on a decision of the Supreme Court in State of Punjab v. Balbir Singh, 1994 JT 178 : 1995 JIC 382 (SC ).

(2.) I have gone through this decision and I would like to re-produce Paragraph 27 (2-C) of the aforesaid decision which is as follows : " (2-C) Under Section 42 (1) the Empowered Officer if has a prior information given by any person, that should necessarily be taken down in writing. But if be has reason to believe from personal knowledge that offences under Chapter IV have been committed or materials which may furnish evidence of commission of such offences are concealed in any building etc. he may carry out the arrest or search without a warrant between sunrise and sunset and this provision does not mandate that he should record his reasons of belief. "

(3.) THE order passed by the learned Sessions Judge is reasonable and I do not find any jurisdictional error. THE revision is dismissed. Revision dismissed. .