The conveyance of secret information to the superior officer before the raid constitutes compliance with Section 42 of the NDPS Act, and the limitations imposed by Section 37 in bail matters are to be considered strictly.

JUDGMENT

Gurvinder Singh Gill, J. - This order shall dispose off the above mentioned two petitions filed on behalf of Gurpreet Singh and Jatinder Singh @ Kaka seeking grant of regular bail as both of them arise out of the same FIR i.e. FIR No. 112 dated 30.04.2019, registered at Police Station: Sardulgarh, District Mansa, under Section 22 of the NDPS Act, 1985 (hereinafter referred to as 'the Act').

2. The case of prosecution is that on 30.04.2019, when ASI Dalel Singh along with other police officials was present at Bus Stand Sardulewala in connection with patrolling and checking of suspicious persons, then he received secret information at about 11.35 AM to the effect that Gurpreet Singh, Gaggu Singh and Ramesh Kumar had stored intoxicating tablets in the house of Gaggu Singh and that it is Jatinder and Vinod Kumar who supply the said tablets to them. The information was further to the effect that in case a raid is conducted at the house of Gaggu Singh then the aforesaid persons could be caught red-handed.

3. Asi Dalel Singh immediately sent the aforesaid information to SHO, Police Station, Sardulgarh, on the basis of which the instant FIR came to be lodged. ASI also made a request therein for deputing another Investigating Officer. Thereafter, the said Dalel Singh along with other police officials conducted a raid at the house of Gaggu Singh where Gaggu Singh, Gurpreet Singh, Jatinder and Ramesh Kumar were found present and a recovery of 22,000 tablets of 'Alprasafe' was effected. Upon chemical examination, the same were found to contain 'alprazolam' which is listed at serial No. 30 in the List of Psychotropic Substances.

4. The learned counsel for the applicants/petitioners have vehemently argued that since it is a case registered pursuant to receipt of secret information pertaining to storage of contraband in a building, the same was required to be immediately taken down in writing and was required to be conveyed to the officer immediately superior to the person who received the secret information and the same not having been done resulted in violation of mandatory provisions of Section 42 of the Act and as such, the entire recovery stood vitiated and consequently, the petitioners deserve to be released on bail. The petitioners place reliance upon Darshan Singh vs. State of Haryana, (2016) 1 RCR(Cri) 333 to hammer forth the aforesaid submission wherein it has been held that lodging of FIR or communication of a copy of FIR to superior officers does not amount to compliance of Section 42 of the Act.

5. Sh. A.S. Sandhu, learned Additional Advocate General, Punjab, on the other hand has opposed the petitions while submitting that since intimation by way of a "ruqa" was sent to SHO before ASI Dalel Singh proceeded for conducting a raid at the house of Jagga Singh, the same would duly satisfy the requirements of Section 42 of the Act pertaining to taking down the information in writing and conveying the same to superior officer. The learned State counsel, while pressing into service a judgement of Constitution Bench of Hon'ble Supreme Court in a case reported as Karnail Singh vs. State of Haryana, (2009) 8 SCC 539 has submitted that non-compliance of section 42 of the Act, if any, would not ipso-facto vitiate the trial if no prejudice had been caused to the accused. It has further been submitted that since it is a case of recovery of 'commercial quantity' of contraband wherein the petitioners were caught red-handed, no case for grant of bail is made out.

6. I have considered rival submissions addressed before this Court. The statement of objects and reasons of the Narcotic Drugs And Psychotropic Substances Act makes it clear that the underlying object was to provide for stringent provisions to curb the menace of drugs by providing penalties sufficiently deterrent to meet the challenge of well organised gangs which indulge into drugs trafficking and smuggling. However, at the same time certain checks in procedure to be adopted for exe