SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties. The learned counsel for the petitioner submits that in this case the search is made by A. S. I. , Abdul Gaffar, P. S. Sendra, Distt. Pali under Section 43 of the N. D. P. S. Act. The learned counsel for the petitioner pointed out more infirmities and non-compliance of the provisions of the Act; such as that the petitioner was not asked to be searched by a Gazetted Officer or to a Magistrate. In number of cases, this Court has observed that the non-compliance of the provisions of the N. D. P. S. Act is fatal for the prosecution and because of the non-compliance, the accused persons have been acquitted by this Court.

(2.) THE learned counsel for the petitioner further submits that the marriage of the petitioner is going to be performed on 4. 07. 91 so he should be released on bail.