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PUNJAB & HARYANA HIGH COURT
K.S.Kumaran, J.
Jamaludeen
Versus
State Of Haryana
Criminal No. 17446 of 2000,
Decided On : AUGUST 3, 2000
Section 42 - Search and Seizure - The court ordered the release of the petitioner on bail due to non-compliance with the provisions of Section 42 of the N.D.P.S. Act regarding search and seizure.
Fact of the Case:
The petitioner argued that the search and seizure were conducted without complying with the provisions of Section 42 of the N.D.P.S. Act.
Finding of the Court:
The court ordered the release of the petitioner on bail without expressing any opinion on the merits of the main case.
Issues: Alleged non-compliance with Section 42 of the N.D.P.S. Act regarding search and seizure.
Ratio Decidendi: Non-compliance with the provisions of Section 42 of the N.D.P.S. Act regarding search and seizure led to the petitioner's release on bail.
Final Decision: The petitioner is ordered to be released on bail on furnishing sufficient surety to the satisfaction of Chief Judicial Magistrate, Jagadhri.
K.S.Kumaran, J.
1. Heard counsel.
Learned counsel for the petitioner contends that the alleged search and seizure were after sun set but before sun rise from the vehicle and the provisions of Section 42 of the N.D.P.S. Act have not been complied inasmuch as no warrants for search were obtained and no reasons for not having taken warrants have been recorded.
2. In these circumstances, without meaning to express any opinion on the merits of the main case, petitioner is ordered to be released on bail on his furnishing sufficient surety to the satisfaction of Chief Judicial Magistrate, Jagadhri.
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