RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the present petition filed under Section 439 Cr.P.C, the petitioner prays for the grant of regular bail in case FIR No.88 dated 10.06.2019, under Section 21 of the NDPS Act, registered at Police Station City Patti, District Tarn Taran.

(2.) At the outset, learned counsel for the petitioner has raised a legal issue with regard to the non-compliance of Section 50 of the NDPS Act. He has pleaded that in the present case as per the FIR itself, the provisions of Section 50 of the NDPS Act have not been complied with as the accused was given the option for search from the 'gazetted police officer .

(3.) Learned counsel for the petitioner has relied upon the judgements of this Court in Rakesh Kumar vs. State of Punjab (CRM-M-9848 of 2018), Rohit Kumar vs. State of Haryana (CRM-M-3531 of 2019), Amandeep Singh vs. State of Punjab (CRM-M-24763 of 2019) and Jaswinder Singh @ Kaku vs. State of Punjab (CRM-M-46569 of 2019), to contend that the entire prosecution stands vitiated in view of the flagrant violation of the provisions of Section 50 of the NDPS Act.