Point of Law : violation of Section 52 of the NDPS Act is concerned, suffice it to note that present petitioners were duly informed about grounds of their arrest and therefore, it cannot be said that their arrest in connection with offences under various sections of NDPS Act was illegal.

ORDER :

1. These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No. 297/2021, registered at Police Station Kotwali, District Nagaur for the offences under Sections 8/21 and 8/29 NDPS Act and 3/25 Arms Act.

2. The earlier applications for bail were dismissed vide orders dated 21.4.2022 (Second CRLMB No. 3258/2022 Kishore vs. State) and 10.09.2021 (CRLMB No. 12421/2021 Gopal vs. State).

3. As per prosecution story, SHO Brijendra Singh C.I. PS Kotwali, Nagaur received an information from reliable sources that the present accused-Gopal is going to sell psychotropic/narcotic substance to one of his customer in vehicle (Scorpio) bearing no. RJ-23-UB-3022. On receiving aforesaid information, by following the procedure provided under Section 42(1) and (2) of NDPS Act, SHO, PS Kotwali, Nagaur with his team at about 11:50 P.M. reached to the dhani (group of houses in a village) of the petitioners, where they saw two persons standing. Upon seeing the police team, the accused tried to flee in their white Scorpio. The police team, however, succeeded in nabbing both the persons, who on being interrogated disclosed their names as Gopal and Kishore petitioners herein. As per prosecution case, separate notices under Section 50 of the NDPS Act were served upon both the accused persons. After following the due process, the Scorpio was searched, wherefrom one plastic bag containing white powdery like substance was found which was disclosed to be ‘smack’. During personal search of the present petitioners, a loaded pistol along with four live rounds was found from the pyjama worn by petitioner Gopal. That apart, from the left pocket of his pyjama, two mobile phones and one white plastic bag containing smack were also recovered. The psychotropic substance (smack) weighing 10-10 gms. was also recovered from the physical possession of each of the petitioners Kishore and Gopal, whereas 285 gms. smack was recovered from the vehicle (Scorpio). As per the prosecution, the total smack recovered from Scorpio as well as physical possession of the petitioners was 305 gms.

4. The investigating agency after making thorough investigation filed charge-sheet against both the petitioners before competent criminal court for the offences under Sections 8/21, 8/25 and 8/29 of the NDPS Act and Section 5/25 of the Arms Act.

5. Learned counsel for the petitioners drawing attention towards the challan papers, recovery memo and statement of Seizure Officer Brijendra Singh (PW-4), submitted that the entire procedure of search and seizure conducted by the Seizure Officer is in gross violation of Sections 42, 50, 52 and 55 of the NDPS Act. To buttress this submission, reliance was placed upon the crossexamination of the Seizure Officer, Brijendra Singh (PW-4), whose testimony is reproduced hereinbelow for ready reference:

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