Section 42 of the Act is mandatory to record secret information prior intimation to higher authorities and the information should have forwarded to the higher authorities for further action. He would further submit that as per Section 50 of NDPS Act, the petitioners ought to have been produced before the gazetted officer or before the Judicial Magistrate. Admittedly, the petitioners were issued search memo and explained their rights to produce before the gazetted officer or before the Judicial Magistrate, for which, they declined and permitted the police officer himself to conduct. He would further contend that confession statement of the petitioners were recorded from 09.40 a.m. to 10.40 a.m. on 01.06.2018. The contraband were seized from the accused persons at about 12.40 hours to 13.15 hours. At about 13.10 hours, the petitioners were arrested and at about, 13.15 hours, they reached the police station and registered the case in crime No.81 of 2018. Whereas, in the arrest intimation recorded at the time of 13.20 hours, crime number has been reflected and also in the arrest memo. Therefore, it is completely a false case foisted as against the petitioners for statistical purpose. Therefore, he prayed for bail.
