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2021 (6) TMI 300 - DELHI HIGH COURTGrant of Regular Bail - Heroin - recovery of pullandas which were seized and sealed with the seal of ‘AK’ - search conducted by the Lady Constable - non-compliance alleged by the learned counsel for the petitioner is of Sections 41 and 42 of the NDPS Act - HELD THAT:- Search of the co-accused Parveen was taken by a lady Constable and the same was to maintain the dignity, however the search was taken in the presence of the ACP concerned and it cannot be said that on that count the search is vitiated. Further, the search has not taken place inside any building, conveyance or place but at the public place and hence, it cannot be said that Sections 41 and 42 of the NDPS Act have been violated. In case the search conducted by the Lady Constable would have been in the absence of senior officers, who were duly authorized to conduct the search, the judgments relied upon by the learned counsel for the petitioner would have been applicable. The search in the present case was conducted at the instance of the authorized officer, but by the Lady Constable qua accused Parveen as she was a woman in accordance with law. Once the accused were apprehended, kept in custody throughout the night, FIR registered in the morning at Police Station Crime Branch at Pushp Vihar, one fails to understand why the formal arrest was made at 11:45 a.m. as is evident from the Arrest Memo. Further, the Arrest Memo notes in Column No.2 “his wife being informed”, as also has the right thumb impression of Begum, the wife of the petitioner - the two accused were produced before the learned ASJ who granted one day police custody remand. The petitioner is directed to be released on bail on his furnishing personal bond in sum of ₹50,000/- with one surety of the like amount subject to the satisfaction of the learned trial Court/duty Magistrate, further subject to the condition that the petitioner will not leave NCT of Delhi without the prior permission of the court concerned and in case of change of residential address and/or the mobile phone number, the same will be intimated to the Court concerned by way of an affidavit - petition disposed off.
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