BRIJESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard, The offences U/ss. 21 & 22 are the Narcotics Drugs & Psychotropic Substances Act,1985, are grave offences for which deterrent punishment is provided for. Chapter V of the Act provides for procedure regarding entry, search, seizure and arrest. They have to be scrupulously followed by the officers authorised to search and seize narcotic drugs and Psychotropic substances and to arrest without warrant or authorisation persons connected with the offence Sec. 41 of the Act is very categorical in stating that a person connected with the offence can be arrested under a warrant of arrest issued by a Magistrate and, any building, conveyance or place, can be searched in pursuance of authorisation given by the Magistrate. Proviso to Sec. 42 (1) provides that if the officer has reason to believe that a search warrant or authorisation can be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, then such officer can enter and search the building, conveyance of enclosed place even between sun-set and sunrise after recording the grounds of this belief. In the present case, admittedly, Ram Kishan, ASI had definite information about the petitioner and he also knew and he was going to the house of the petitioner situated in Ranjit Nagar, Bharatpur. The ASI had not obtained any warrant of arrest from the Magistrate or any authorisation for the search of the house of the petitioner in which he had reason to believe that any narcotic drug or psychotropic substance is kept or concealed. Without such warrant or authorisation, Ram Kishan, ASI could not enter, into the house occupied by the petitioner in order to make any search, or to make any arrest. The whole procedure adopted by Ram Kishan, ASI was in contravention of law and grossly arbitrary. In such circumstances, I allow this bail application.

(2.) It is ordered that the petitioner Brijesh, or his furnishing a personal bond in the sum of Rs. 10,000.00. (Rs. Ten thousands only) with two sureties in the sum of Rs. 5,000.00 each, to the satisfaction of the trial Court, to appear before it as each & every date, which may be fixed, in pursuance of FIR No. 89/91 P.S.Kotwali, Bharatpur in Sessions Case No. 11/91 be released on bail.