SHANTHI Vs. INSPECTOR OF POLICE NIB CID CHENNAI

JUDGEMENT

(1.) THIS petition has been filed for the grant of bail as the petitioner was arrested on 22.7.99 for allegedly found in possession of 500 grams of heroin for the alleged offence under section 8 (c) read with 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE learned counsel for the petitioner submitted that as per Section 52 (2) of the Narcotic Drugs and Psychotropic Substances Act, the article seized has not been forwarded to the Magistrate. In support of the said submission the learned counsel for the petitioner relied upon the letter of the Judicial Magistrate, Tambaram addressed to the Special Judge N.D.P.S. Cases, Chennai in D.No.2413 dated 26.7.99 wherein it has been stated as follows:-

(3.) SECTION 50 of the Act stipulates conditions under which search of persons shall be conducted. The relevant section for the purpose of the present case is SECTION 52 of the Act which reads as follows:-