(1.) S. K. Phaujdar, J. The matter was heard on 12-4-1996 and orders have been reserved for today.
(2.) BAIL was passed firstly on the ground that Section 42 (1) of the NDPS Act, was not complied with inasmuch as the information received from the informer was not recorded in writing. Reliance was placed on the decision of the Supreme Court in State of Punjab v. Balbir Singh, 1994 sep-oct ACC 351: 1995 JIC 382 (SC) to say that the provisions are mandatory and the failure to comply with the requirements of Section 42 (1) would vitiate the trial and accordingly, there was no justification in detaining the applicant till the end of the trial.
(3.) THE applications was further pressed on the ground that when the searching officer was not carrying a sophisticated balance he could not have indicated the exact weight of the materials to fractions of grams. This argument may also fail as the weights have been given only in approxi mate terms and not in exact figures. THE general diary (Annexure 2 to the bail application) is only a subsequent report written after the seizure memo-cum-FIR. At this stage the FIR would be given mere weight than the subsequent general diary.