CHHOTU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . The petitioner has been booked in FIR No. 168 dated 12.4.2001, registered at Police Station Ratia, District Fatehabad, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for keeping in this possession 25 kgs. of poppy husk without any merit.

(2.) COUNSEL for the petitioner contended that there was non-compliance of section 50 of the Act inasmuch as the offer was limited only to Magistrate or Gazetted Officer of Police Department, Excise Department or Revenue department but according to Section 50 of the Act, it should have been to any Gazetted Officer or Magistrate. He further contended that since the offer is defective, so no case is made out against the petitioner. Keeping in view of the facts and circumstances of the case and without commenting on the merits of the case, let he be released on bail to the satisfaction of the Chief Judicial Magistrate, Fatehabad. Bail allowed.