9911796707
TMI Blog2000 (3) TMI 1073X X X X Extracts X X X X X X X X Extracts X X X X ..... ic Substances Act, 1985 and 193 and 1208 (120-B) Indian Penal Code. The case against them is that 2 k.g. heroin had been recovered from a room which was in the possession of the respondent. At the relevant time he himself was a Superintendent, Customs, Preventive Unit Madurai. His wife was Superintendent of Central Excise and Customs at Thanjavur. First respondent moved for enlarging him on bail. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the records available that the ground of arrest was not informed to the petitioner herein. Such fact has not been stated either in the mahazar or in the remand report or in the complaint or in other documents filed in this case. 4. Dealing with the second aspect learned single Judge has observed thus: No document shows that such a report has been sent to the immediate official superior w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfortunate that matters which could be established only in offence regarding compliance with Sections 52 and 57 have been pre-judged by the learned single Judge at the stage of consideration for bail. The minimum which learned single Judge should have taken into account was the factual presumption in law position that official acts have been regularly performed. Such presumption can be rebutted on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the High Court, on any fresh application, of any other valid ground by which he would fall within the parameters contemplated in Section 37 of the Act. 9. As we are not able to concur with the rationale adopted by the learned single Judge we have to interfere with the impugned order. Accordingly, we allow this appeal and set aside the impugned order. We are told that respondent has already ..... X X X X Extracts X X X X X X X X Extracts X X X X
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