GURMEJ SINGH ALIAS GEJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD counsel. The learned counsel for the petitioners contends that the petitioners have joined investigation which is confirmed by the learned counsel for the State.

(2.) THE learned counsel for the petitioners contends that the provisions of Section 42 of the N.D.P.S. Act have not been complied with inasmuch as the secret information which was allegedly received, has not been reduced to writing and forwarded to the superior officer. He also contends that the alleged recovery was made from a house after sunset and the reasons for not getting a warrant have also not have been recorded in writing.

(3.) THE petition is allowed. In the event of arrest of the petitioners on the allegations found in the F.I.R. mentioned in this petition, the petitioners are ordered to be released on bail on their furnishing sufficient surety to the satisfaction of the Arresting Officer. However, the petitioners shall abide by the provisions contained in Section 438(2) Cr.P.C. Petition allowed.