GEETA @ MOTTO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 439 Cr.P.C. on behalf of the petitioner-Geeta @ Motto for grant of regular bail in case FIR No.3 dated 02.01.2013, under Sections 22, 61, 85 of Narcotic Drugs and Psychotropic Substances Act registered at Police Station Dorangala, District Gurdaspur.

(2.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case and mandatory provisions of the Act have not been complied with as neither any independent witness was joined nor the search was conducted by joining a lady constable/employee at the time of search and seizure.

(3.) The petitioner is in custody since 02.01.2013. Learned counsel also submits that as per allegations in the FIR, the recovery was effected from polythene envelope carried by the petitioner in her right hand and it was a case of personal search and as per provisions, the joining of a lady constable was mandatory. Learned counsel for the petitioner has also relied upon judgments of Hon'ble the Supreme Court in Namdi Francis Nwazor vs. Union of India and another, 1998 8 SCC 534, Kalema Tumba vs. State of Maharashtra, 1999 4 RCR(Cri) 575, State of Punjab vs. Gurnam Kaur & Ors., 2009 3 CriCC 515, Union of India vs. Shah Alam & Anr., 2009 4 CriCC 973 as well as Division Bench judgments of this Court in Gurnam Kaur and others vs. State of Punjab, 2006 3 RCR(Cri) 984, Parkash Kaur vs. State of Punjab, 2006 4 RCR(Cri) 437 and Single Bench judgment of this Court in Daya Nand vs. State of Haryana, 2005 3 RCR(Cri) 338 in support of his arguments.