BA1/2775/2022
2023 Latest Caselaw 1264 UK

               Office Notes, reports,
SL.           orders or proceedings or
      Date                                                       COURT'S OR JUDGES'S ORDERS
No           directions and Registrar's
               order with Signatures


                                          BA1 No. 2775 of 2022
                                          Hon'ble Vivek Bharti Sharma, J.

Ms. Divya Jain, learned counsel for the applicant.

Mr. Dinesh Chauhan and Mr. P.S. Uniyal, learned Brief Holder for the State.

Heard.

Cause shown is sufficient. Delay in filing in counter affidavit is condoned. Delay Condonation Application (IA No. 02 of 2023) made, therefor, stands disposed of.

Counter affidavit is taken on record. In pursuance to the order dated 06.04.2023 passed by the Coordinate Bench of this Court Ms. Laxmi Joshi, Investigating Officer of Police Station Raiwala, Dehradun is present in person before the Court.

On the query of this Court for not filing the counter affidavit, she told that she received the R.G. to file reply to the bail application in the month January, 2023 but she was unable to give any valid explanation for not filing such reply except that she was not feeling well at that point of time.

The said act of the Investigating Officer seems to be dereliction of duty on the part of the State machinery and is serious matter particularly when a person is in judicial custody with regard to commission of a crime.

It is also to be seen that what was the role of the Station House Officer, Police Station Raiwala, Dehradun, where this Investigating Officer is presently posted to ensure the compliance. The Investigating Officer to appear in person with the explanation in writing on 09.05.2023.

Learned counsel for the applicant would argue that the compliance of Section 50 of the N.D.P.S. Act was not made, and the police was duty bound to give an option for personal search, even after, recovery of the contraband. In support of her contention she placed reliance on the judgment of three Judges bench of the Hon'ble Supreme Court as reported in (2022) 6 SCC 294 "Sanjeev and another Vs. State of Himmachal Pradesh".

Learned State Counsel seeks time to go through the case law and place the necessary facts of the case before the Court.

Permission is acceded.

List this matter on 09.05.2023.

(Vivek Bharti Sharma, J.) 04.05.2023 Mamta