1. This is a petition filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Section 20(b)(1)(A) of Narcotic Drugs & Psychotropic Substances Act, 1985, registered in respondent police station Crime No.171/2017.

2. The brief facts of the prosecution case as per the complaint averments is that the complainant got the information that one person having a white colour bag with ganja is near by the bus stand. Then the complainant after getting permission from the higher authority went to the spot along with the staff and they have apprehended the said person and then in the presence of Gazetted Officer conducted the search and found that in the plastic bag he is having ganja weighing 6 kg and the same was seized in the presence of panch witnesses under the mahazar. Then after coming to the police station complaint was lodged on the basis of which case came to be registered.

3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.

3. I have perused the grounds urged in the bail petition, FIR, complaint and the other materials produced in the case. In the complaint averments nowhere it is stated by the complainant that after receipt of credible information he has reduced the same into writing in the station house diary in compliance of Sec.42 of the NDPS Act. Apart from that there is no specific averments that within 72 hours he has sent the information to his superior officers so also there is no averments in the complaint that when they apprehended the said person apart from conducting personal search they have not explained about the legal rights. The petitioner has to exercise his option as to whether the search is to be conducted in the presence of Gazetted Officer or before the Magistrate. Absolutely there is nothing mentioned in the complaint about all these mandatory requirements under the NDPS Act. The petitioner contended that there is a false implication and he is innocent and not at all involved in committing the said offence and he has undertaken that he is ready to abide by any reasonable conditions to be imposed by the Court. The alleged quantity of 6 KG ganja has already been seized as per the prosecution case. The petitioner is in custody. For the present nothing further is to be seized from his possession. The quantity of ganja alleged to have been seized is 6 kg, which is below the commercial quantity.

4. The alleged offence is not exclusively punishable with death or imprisonment for life.

5. Accordingly, the Criminal Petition is allowed. The petitioner-accused is ordered to be released on bail for the alleged offences, subject to the following conditions:

i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and

shall furnish one surety for the likesum to the satisfaction of the concerned trial Court.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner shall appear before the concerned Court regularly.