(1.) AS per the allegation of the prosecution, 25 kilograms of poppy husk has been recovered from the possession of the petitioner.
(2.) MR . Nagpal, learned counsel for the petitioner submitted that the alleged recovery has been effected from the petitioner within the city of Bhattu Kalan. No independent witness was joined. Learned counsel further submitted that only partial offer was given to the petitioner inasmuch as that the Investigating Officer has restricted to the offer whether he can only be searched before the Gazetted Officer of Police or Excise and as such there is non -compliance of Section 50 of the Narcotic Drugs and Psychotropic Substances Act.
(3.) PETITION allowed