Code of Criminal Procedure, 1973–Sec. 439–Narcotic Drugs & Psychotropic Substances Act, 1985–Secs. 42 & 37–House of petitioner was searched and contraband was seized between sunset and sunrise without any warrant or authorization–It is not the statement of the seizure officer that he did not have sufficient time to obtain the warrant or authorization without affording the the opportunity–He has also not recorded the reasons for such belief in terms of proviso to Sec. 42(1)–The mere presence of the Superintending Officer with the seizure officer at the time of search and seizure did not eliminate the necessity of search warrant or authorization as required by law–Furthermore, there is no signature of the Superintending Officer on the seizure memo–Investigation agency took the samples of contraband without taking the recourse to Sec. 52 A–Mere finding of petitioner’s ID or his personal documents in the house or vehicle cannot be considered as the ownership or occupation of the premises or vehicle by that person–Conditions of Sec. 37 are duly satisfied–Bail granted subject to certain conditions.
