GURUMAIL SINGH Vs. STATE

JUDGEMENT

(1.) THIS second bail application under Section 439 Cr. P. C. read with Section 37 of the NDPS Act (in short `the Act') has been filed on behalf of petitioner Gurumail Singh against whom trial is pending along with another accused in the court of Special Judge, NDPS Cases, Jaipur in Sessions Case No. 21/2004 on charge for the offence under Section 8/15 of the Act, wherein the allegation against him is that he was the driver of truck No. RJ-13-G-0312 where-from contraband poppy straw weighing 2800 Kg. in 70 bags of 40 Kg. each was recovered on a secret tip-off in front of the police station Shivdas pura situated on National High Way No. 12.

(2.) HIS learned counsel has contended that the mandatory provisions of Section 42 (1) of the Act have been violated in this case in as much as the search and seizure of the contraband has been made between sun set and sun-rise and without making any note of the grounds there for necessitating to do so. In this regard reliance has been placed on the case of `hira Lal vs. Union of India'- 2004 (2) Cr. L. R. (Raj.) 860.

(3.) IT may be stated at the out-set that at the stage of bail, it is neither permissible nor desirable to make conclusive and final observations on the merits of the case, for, it may prejudice the case of either side at the trial. However, suffice it to say that the instant case in my view falls under Section 43 of the Act and not under Section 42 of the Act.