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Judgment
K.C. Gupta, J.
The petitioner has been booked in FIR No. 79 dated 9.9.2000 under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Dialpura for keeping in his possession 11/2 kgs of opium without any permit.
Counsel for the petitioner contended that the DSP had received prior secret information and than he had constituted a raiding party but that information was not reduced in writing and intimation was not sent to the superior officer about the receipt of secret information and, as such, there is noncompliance with Section 42(1) of the Act which is mandatory in nature. For this contention, he placed reliance on Authority Abdul Rashid Ibrahim Mansuri v. State of Gujarat, 2000(1) RCC 532 (SC) : 2000(1) RCR(Criminal) 611, in which it was held that if the recovery of contraband has been done by a Police Officer on receipt of prior secret information then it must be reduced in writing and copy of it be sent to superior officer and if the officer effects recovery on basis of unrecorded information then the trial may not vitiate on that score alone but the resultant position would be one of causing prejudice to accused.
Since, there is noncompliance of Section 42(1) which is mandatory in nature and, as such, the petitioner is entitled to be released on bail. The petitioner be released on bail to the satisfaction of CJM, Bathinda.