STATE OF NCT OF DELHI Vs. MOHD. JABIR

JUDGEMENT

(1.) Leave granted.

(2.) The impugned judgment dtd. 28/3/2023 grants bail to the respondent, Mohd. Jabir, on the ground of violation of Sec. 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985("NDPS Act", for short), as the notice under the provision, though given, had used the words "any Gazetted Officer". The impugned judgment holds that the words "nearest Gazetted Officer" should have been used and therefore Sec. 50 was contravened. In the counter affidavit filed by the respondent, Mohd. Jabir, it is stated that, following the judgment of the High Court, bail has been granted in a large number of matters.

(3.) Sec. 50 of the NDPS Act reads as under: -