SUKHCHAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure (in short the Code) seeking bail pending the trial in the case, FIR No. 138, dated 26th November, 1994, P.S. Mallu Walianwala under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (in short, the NDPS Act). The petitioner was apprehended on 26th November, 1994, by the Police and his search was conducted in the presence of Shri Raghbir Singh, DSP Ferozepur and from the right fold of the Chadra worn by him, opium packed in a plastic paper was recovered and on weighment, it was found 500 grams. Accordingly, the petitioner was arrested.

(2.) MR . Ishwar Lal, learned counsel, appearing on behalf of the petitioner, submitted that in the present case, there has been non -compliance of mandatory provisions of Section 50 of the NDPS Act inasmuch as the option given to the petitioner was restricted to Gazetted Police officer and not any Gazetted Officer, as stipulated under section 50 of the Act. He further submitted that no independent witness was associated by the Police at the time of the search. He, therefore, contended that the petitioner was entitled to be released on bail. In support of his submission, the learned counsel placed reliance on two judgments of Delhi High Court in Ahmed Sahaid Bonu v. State (Delhi Admn)1 and Geeta v. State2, and a Division Bench judgment of this Court in Amrit Singh v. State of Haryana3.