VIDYA WATI Vs. STATE

JUDGEMENT

(1.) The petitioner is facing prosecution for recoveryof 450 gm. of Charas on 15.5.1991. She applies for grant of bail.

(2.) I have heard the arguments advanced by the learned Counsel forthe parties. Learned Counsel for the Petitioner has drawn my attention tothe averments made in the Rukka by the Investigating Officer which showsthat the petitioner was given option only of being searched in the presenceof a Gazetted Officer. It is contended that it amounted to giving a partialoption and thus the option given was not valid as per Section 50 of NDPSAct.

(3.) Without expressing any final opinion in this respect, the petitioneris granted bail on furnishing a personal bond of Rs. 7.000.00 with a surety ofthe like amount to the satisfaction of the Court concerned. Copy of thisorder be forwarded to the Superintendent (Jail) as well as the Courtconcerned.