JUDGMENT :

JYOTSNA REWAL DUA, J.

1. Petitioner has been linked with recovery of 3541 number of intoxicating capsules containing psychotropic substance Tramadol and therefore, is an accused in FIR No. 50/2020 dated 16.4.2020 registered under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substance Act (in short NDPS Act) at Police Station, Paonta Sahib, District Sirmour.

2. Instant petition for bail under Section 439 of Code of Criminal Procedure has been preferred on following grounds:

(a) Petitioner is not involved with the recovery of intoxicating capsules.

(b) Provisions of Section 42 of NDPS Act were not complied with.

(c) Investigating Officer and the complainant in the FIR in question was the same person.

The later two grounds though have not been taken in the pleadings, however, they were raised by learned Counsel for the petitioner during hearing of the case.

3. Facts: The prosecution case is that:

(i) On 16.4.2020 a police party comprising of HC Arun Kumar, C. Vipin, PC Om Parkash along with C. Dinesh was on patrolling duty vide Rapat No. 38 in the area under jurisdiction of Police Station, Paonta Sahib. At around 6:15 P.M. while the patrolling party was at Vishwa Karma chow