Order

15/01/2025 These bail applications under Sections 483 BNSS have been filed on behalf of the petitioners herein who have been arrested in connection with FIR No.92/2024 PS Badi, District Dholpur for offences under Sections 8, 20 of the NDPS Act. After completion of investigation, police has filed charge sheet in the court concerned.

Learned counsel for the accused petitioners submit that the accused petitioners have falsely been implicated in this case. It is contended that provisions of Section 42 of NDPS Act have not been complied with properly. Section 42 provides power of a police officer of making entry, search, seizure and arrest without warrant or authorisation in any building, conveyance or enclosed place between sunrise and sunset, if such officer has reason to believe that a search warrant or authorization cannot be obtained without affording opportunity for the concealment of evidence or the possibility of escape of the suspect after recording the reasons in writing. The police officer may enter and search such building, conveyance or enclosed place at any time between sun set and sun rise after recording the grounds of his belief. Where an officer takes down any info