IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32938 of 2010 KALAM MIAN Versus STATE OF BIHAR ----------- 03 2.11.2010 Heard learned counsel for the petitioner as well as for the State. Petitioner Kalam Mian apprehends his arrest in connection with Gopalpur P.S. Case no.55/2010 registered under sections 20 and 22 of the NDPS Act, pending in the court of learned Sessions Judge, West Champaran, Bettiah. Allegedly, Baithka of the petitioner was searched and 16kgs Ganja kept in two bundles were recovered from there. A seizure list was prepared in presence of two independent witnesses. Very elaborate agreements were advanced on behalf of the petitioner assailing and challenging the validity of the seizure list as well as institution of this case on the ground of non-compliance of section 42 and other relevant provisions of the NDPS Act. In support of the aforesaid submissions, some decisions were referred to by learned counsel for the petitioner but I am not at all convinced with the aforesaid submissions because it is well settled principles of law that non compliance of mandatory provision of the NDPS Act will not affect the merit of the case at the time of consideration of the bail petition. The next submission of learned counsel for the petitioner is that the aforesaid Baithka was situated at a lonely place and admittedly, petitioner was not present at the time of alleged recovery. Considering the aforesaid submissions as well as recovery made from Baithka of the petitioner, I am not inclined to 2 grant privilege of anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail stands rejected. Petitioner is directed to surrender before the learned court below within thirty days from the date of communication of this order and if, he so surrenders and seeks regular bail, the learned Sessions Judge, West Champaran shall consider regular bail application of the petitioner on its own merit without being prejudiced by this rejection order. Shahid ( Hemant Kumar Srivastava, J.)