FATIMA Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks bail in case bearing F.I.R. No. 01/2015 registered at Police Station Seelampur, Delhi, for the offences punishable under Ss. 21/61/85 of the Narcotic Drugs and Psychotropic Substances Act 1985 (for short 'NDPS Act'). The present petition has been filed on the ground that P.W. 4, ASI Beg Raj Singh was Incharge of the recovery team. The said witness in his cross -examination stated that none of the members from the recovery team informed the petitioner that it was her legal right, if she desired, to get herself searched in the presence of any Gazetted Officer or Magistrate.

(2.) Learned Counsel appearing on behalf of the petitioner submits that recovery was effected in violation of mandatory provisions of Sec. 50, NDPS Act. Thus, there is a strong case for acquittal of the petitioner as in absence of mandatory provisions of aforesaid section, the recovery becomes illegal.

(3.) Learned Counsel further submits that though P.W. 4, ASI Beg Raj Singh deposed that place of recovery was a crowded area as there was a marked and heavy traffic and the public persons were available, however, he had not asked any public person to join the raiding team. Therefore, non -association of public persons would make the case of the prosecution doubtful thereby entitling the petitioner for acquittal.