Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (1) TMI 706 - HC - Indian LawsSeeking grant of regular bail - recovery of contraband from a vehicle in transit - tablets of Clovidol-100-SR (Tramadol) - tablets of Clovidol-100-SR (Tramadol) - Wincerex - HELD THAT:- It is a case where pursuant to receipt of secret information, the police intercepted a car in which the petitioner and one Sanju Singh were found travelling and search of which led to recovery of 23,500 tablets of Clovidol-100-SR (Tramadol) and another 17,000 tablets of Clovidol-100-SR (Tramadol) apart from 200 vials 100 ml each of Wincerex. Section 42 of the Act pertaining to power of entry, search, seizure and arrest without warrant or authorisation. The material question would be as to whether it is the procedure mandated under Section 42 of the Act which would be applicable or as to whether Section 43 of the Act alone will apply in such cases of recovery from a vehicle in public place. Even if it is taken that provisions of Section were to apply, still it is a case where secret information had been duly conveyed to the superior officer i.e. the SHO, by the person receiving secret information namely ASI Walaiti Ram by way of sending a ‘ruqa’ stating factum of receipt of secret information, before the vehicle in question was intercepted and before recovery was effected, which would be sufficient compliance of section 42 of the Act - it is a case covered under Section 43 of the Act, the contention raised by learned counsel regarding non-compliance of Section 42 of the Act cannot be accepted. Additionally, the recovered quantity of contraband which falls in the category of ‘commercial quantity’ would attract fetters imposed by Section 37 of the Act in the matter of grant of bail - there is nothing on record at this stage from which it could be inferred that the petitioner is not guilty of the offence in question. Petition dismissed.
|