Criminal Procedure Code, 1973
Section 439—Bail—Case registered under Section 22(c)/25/29 of NDPS Act—Submission that search and seizure was made in contravention of Section 42 and 50 of the NDPS Act and accused is entitled to benefit of the same even at the stage of bail—Commercial quantity of contraband recovered and seized while in transit from a truck—Provisions of Section 43 is attracted instead of Section 42 of the Act—Recording of reasons for belief and for taking down of information received in writing with regards to the commission of an offence before conducting search and seizure, is not required to be complied with under Section 43 of the NDPS Act—Whether or not the safeguards provided in Section 50 would have to be determined by the court on the basis of the evidence led during trial—Not a fit case to grant privilege of bail—Petition dismissed.
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