BHAGWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - Heard Counsel. The learned Counsel for petitioner contends that the F.I.R. shows that the alleged contraband was seized on a secret information which was neither recorded nor forwarded to the immediate superior officer. Learned Counsel for the petitioner therefore contends that there is violation of the provisions of Section 42 of the N.D.P.S. Act.

(2.) In these circumstances without meaning to express any opinion on the merits of the case. I am of the view that the petitioner is entitled to be released on ball.

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