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2000 Supreme(P&H) 854

K.S.KUMARAN
Jamaludeen – Appellant
Versus
State Of Haryana – Respondent


Judgment

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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