ASHOK KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J. In both of these bail applications common questions of law have been raised. Therefore, they are being disposed of by common order.

(2.) APPLICANT, Ashok Kumar Singh, was arrested by S. I. A. C. Sharma on 8-7-98 at about 7. 00 p. m. While the S. I. concerned was busy in investigating case Crime No. 215 of 1998 under Sections 381/406/411, I. P. C. , he was informed by the informer that two miscreants are standing in front of Tahsil building and are possessed of contraband Charas. On the pointing out of the informer he arrested the miscreants and asked them if they wanted to be searched in presence of a Gazetted Officer. They opted to be searched by the S. T. himself. One of the miscreants is applicant Ashok Kumar. From his personal search 150 grams of Charas was recovered.

(3.) SECTION 50 reads as follows: 50. Conditions under which search of per sons shall be conducted- (1) When any officer duly authorised under SECTION 42 is about to search any person under the provisions of Sec tion 41, SECTION 42 or SECTION 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted Of ficer of any of the department mentioned in SECTION 42or to the nearest Magistrate. (2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred 10 in sub-section (1) (3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. (4) No female shall be searched by anyone excepting a female. "