MAYA Vs. STATE

JUDGEMENT

(1.) THE petitioner is incustody incase FIR No. 126/90 underSection 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 with theallegations that on 22.11.1990, he was apprehended and 15 gms. of smack wasrecovered from him. Submission of the learned Counsel for the petitioner has beenthat there was non-compliance of the mandatory provisions, as contained inSection 50 of the said Act inasmuch as no option was given to the petitioner that hecould be searched in the presence of a Magistrate or a Gazetted Officer. A perusalof the Rukka shows that ACP was present with the police in whose presence, thepetitioner was searched. Without going into the details of the case and withoutexpressing any opinion on merits, the petitioner is ordered to be released on bailsubject to furnishing personal bond for Rs. 30,000.00 with one surety of like amountto the satisfaction of the concerned Court.