RASEED Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has been arrested in connection with F.I.R. No. 183 dated 21.6.1996 under section 15 of the N.D.P.S. Act, Police Station Shahbad, Distt. Kkurukshetra and has given this application for being released on bail.

(2.) I have heard learned counsel for the parties.

(3.) LEARNED Counsel for the State of Haryana has read over to me the notice which was given in writing to the petitioner and the say of the petitioner. However, in the absence of the mention of the same in the FIR, at the stage of bail, I find it proper to hold that the petitioner is entitled to bail because of the non-mention of the above requirement in the FIR. It will of course be open to the prosecution to prove the notice at the time of trial.