2000 (3) TMI 1073

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...., 27A, 28 and 29 of the Narcotic Drugs and Psychotropic 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 Thanjavu....

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....hus: When we consider Section 82 it is clear from 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 h....

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....kely to commit any offence while on bail. It is unfortunate 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 regular....

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.... the way of respondent satisfying the trial Court 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 impugne....