JAGSIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEARNED counsel for the petitioner contended that there is non-compliance of Section 42 of the NDPS Act inasmuch as the raid was conducted after sunset and before conducting the raid, search warrant was not obtained and it was incumbent upon the officer concerned to reduce into writing reasons for not doing so. Having not reduced into writing reasons for not doing so. Having not done so, there is non-compliance of Section 42 of the Act.

(2.) KEEPING in view the facts and circumstances of the case and without commenting on the merits of the case, let the petitioner be admitted to bail to the satisfaction of C.J.M. Fatehabad. Petition allowed.