AMAR CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has been booked in FIR No. 287 dated 12.5.2001 under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 registered at Police Station City, Panipat for keeping in his possession 500 gms of Charas without any permit.

(2.) COUNSEL for the petitioner contended that the petitioner was given the offer to get himself searched in the presence of a Magistrate or a Gazetted Officer as required under Section 50 of the Act and the petitioner had elected to be searched in the presence of a Magistrate but he was searched in the presence of a Sub Registrar, Shri Pankaj Kumar, who was not a Magistrate. As such, the search is invalid and, therefore, no offence is made out against the petitioner.