ANWAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is an application for grant of bail moved by the petitioner, Anwar alias Kutub, who is an accused in FIR No. 380/2017, registered at PS Special Staff, Badarpur, Delhi, under Sec. 20/25 of the NDPS Act.

(2.) On behalf of the State, it has been submitted that in case of Hafiza and Bilkis Begum, the prosecution witnesses regarding recovery have not supported the case of the prosecution, so they were enlarged on bail.

(3.) I have heard the arguments. The contention of the petitioner that the mandatory provisions of Sec. 50/42 NDPS Act were violated at the time of his arrest, the said fact will be considered by the learned Trial Court at the time of final disposal of the case but apparently, at this stage, the stand of the prosecution carries weight that the petitioner was given a notice under Sec. 50 NDPS Act and he refused to get himself searched in the presence of a Gazetted Officer or a Magistrate. The petitioner cannot claim parity with other co-accused as Bilkis Begum and Hafiza have been granted bail because the recovery witnesses have not supported the case of the prosecution.