RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.187 dated 02.11.2015 registered under Section 22/61/85 of the NDPS Act at Police Station Goraya, District Jalandhar.

(2.) Learned counsel for the petitioner submitted that when the FIR was registered on the basis of secret information, the Investigating Officer was under legal obligation to comply with the mandatory provisions in terms of Section 42 of the NDPS Act. No reasons have been recorded in writing by the Investigating Officer for arriving at the prima facie conclusion that the petitioner was carrying some contraband.

(3.) The alleged contraband recovered from the petitioner was 150 grams of intoxicating power. On chemical analysis, the alleged contraband was found to be Alprazolam which is covered under column No.30 of the Schedule appended to NDPS Act 1985, but in view of recommendations of Review Committee Alphazolam is also covered under Schedule (H) of Drug and Cosmetics Act, 1940.