KULWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner seeks regular bail under Section 439 Cr.P.C in case bearing FIR No.294 dated 28.11.2019 registered under Sections 22-B, 61 of NDPS Act at Police Station Kalanwali, District Sirsa.

(2.) Fir was registered on the basis of suspicion when the police apprehended the petitioner. A notice under Section 50 of the NDPS Act was issued to the petitioner and the petitioner opted for his search before the Gazetted Officer. Vice Principal, Government ITI, Odda was called and in his presence, search was effected. 600 tablets of Tramadol mentioning as Tramadol Hydrochloride tablets 100 mg on every leaf were recovered from the plastic bag hanging on the handle of the motorcyclewith batch number and date of manufacturing.

(3.) Learned counsel for the petitioner submitted that Vice Principal, Government ITI, Odda is not competent to act as a Gazetted Officer under NDPS Act. Learned counsel referred to notification dated 29.12.1986 issued by the Department of Excise and Taxation, Haryana, whereby officers of and above the rank of Assistant Excise and Taxation Officer in Excise and Taxation Department, of or above the rank of Tehsildars in the Revenue Department and of and above the rank of Deputy Superintendent of Police in Police Department were empowered to act as Gazetted Officers. Therefore, Vice Principal, Government ITI, Odda cannot be termed to be an empowered Gazetted Officer to undertake the assignment of Gazetted Officer.