SL.

No

Date

Office Notes, reports, orders or

proceedings or directions and

Registrar’s order with Signatures

COURT’S OR JUDGES’S ORDERS

03.01.2022

BA2 No. 220 of 2021

Hon’ble Sharad Kumar Sharma, J.

Mr. Shashi Kant Shandilya, Advocate, for the

applicant.

Mr. Dinesh Chauhan, Brief Holder, for the

State.

The first bail application of the applicant i.e.

Begraj Singh was rejected by this Court, by an order

dated 19.06.2021, after quite elaborate deliberation of

the arguments, as extended by the learned counsel for

the applicant.

The second bail application has been

preferred by the applicant on the ground that when the

statement of P.W.1 was recorded before the Court

below, it has revealed that in fact there was a non

compliance of the provisions contained under Section

42 of the N.D.P.S. Act. Hence he submits that in the

absence of their being a compliance of Section 42,

irrespective of the fact that the recovery of the

contraband was beyond the commercial quantity and

the implications of Section 37 will come into play, that

will have no bearing because the recovery of

commercial quantity will not eradicate the compliance

of Section 42, as it has be