The main legal point established in the judgment is the significance of prior information, searches conducted in the interregnum inter-se sunset and sunrise, and the role of a Gazetted Officer in authorizing searches under the Narcotic Drugs and Psychotropic Substances Act.

JUDGMENT

Sureshwar Thakur, J. - Through the instant petition cast, under Section 439 of Cr.P.C., the bail petitioner craves for indulgence of becoming admitted to regular bail in respect of FIR No.142 of 28.10.2020, registered at Police Station STF District STF Wing, whereins, offences constituted under Sections 21, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to 'the Act'), are embodied.

2. In pursuance to a secret information, the police party arrived, at the crime site, and, there crime car Brezza No.PB-02-BD-7666, colour white arrived, and was stopped outside S.K. Dhaba, and, occupants thereof, upon being questioned, hence the person sitting on the driver's seat revealed his name, and, address, as Navjot Singh @ Jota son of Gurmej Singh resident of village Fattubhilla, P.S. Kathunangal, District Amritsar, whereas, the person sitting on the conductor's seat, revealed his name, and, address as Galwinder Singh @ Sarpanch son of Baldev Singh, resident of Village Fattubhilla, P.S. Kathunangal, District Amritsar, and, the young person sitting on the backside, revealed his name, and, address as Randeep Singh @ Deepu son of Kabal Singh, resident of vilalge Fattubhilla, P.S. Kathunangal, District Amritsar. At the crime site the investigating officer concerned, revealed to them that, he has suspicion that, contraband is concealed in the crime car, and, also apprised them that, they have a legal right to cause their personal search, and, also the search of the car from any authorized officer or any Magistrate. The above intimation resulted in the accused apprising the investigating officer that, an intimation be given to a Gazetted Officer, to visit the crime site, for the relevant purpose. Consequently, the investigating officer concerned, from the crime site, made a cell phone call to Varinder Kumar PPS, DSP, and, apprised him about the FIR case, and, requested him to arrive at the crime site. Consequently, the DSP arrived, at the crime site, and, after introducing himself to the accused persons, and, also his informing them that, he has a suspicion that, they are concealing heroin, in the crime car, hence he proceeded to search the crime car, and, thereafter, proceedings relating to seizure, and, also qua drawings of cloth parcels qua recovery of 500 grams of heroin, became conducted at the crime site.

3. The weight of the seizure, as made from the crime car makes it to fall within the ambit of commercial quantity thereof, and, thereupon the rigors of Section 37 of the Act are applicable, and, resultantly unless the learned counsel for the petitioner is able to demonstrate that, there are blatant flagrant breaches, visited upon the relevant statutory provisions, as such, this Court would become constrained to not admit the present bail petitioner to regular bail.

4. Apparently, the search of the crime car was made in the interregnum inter-se sunset, and, sunrise. Resultantly, the learned counsel for the petitioner argues that, when the recovery of contraband from the crime car, upon its becoming searched by the concerned, and, also with the above seizure carrying the above weight, rather was a sequel of prior information with the investigating officer concerned. Therefore, he argues that a dire per-emptory statutory necessity became cast, upon the investigating officer concerned, to for validating the search, and, seizure, both procure, and, also hold with him, and, at the relevant time, hence the apposite warrants or authorization(s). However, he submits that the statutorily ordained search warrants or authorizations, were never procured nor were, at the relevant time rather held by the investigating officer concerned, and, as such he argues that, neither the entry into the car nor search thereof, and, nor besides the seizure of the contraband, as effected therefrom(s), can ever acquire any hue of validity.

5. The above made argument is prima-facie valid, as a dire statutory necessity, is in the a