GIAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused was found in possession of 10.250 kilograms of poppy husk and challaned under Section 15 of the N.D.P.S. Act. The contention of the learned counsel for the petitioner is that in this case the recovery was not made in the presence of a gazetted Police Officer or a Magistrate and the F.I.R. shows that though an attempt was made to contact a Deputy Superintendent of Police, he was not, in fact, summoned. The contention of the learned counsel for the petitioner is that there is breach of the mandatory provisions of Section 50 of the N.D.P.S. Act. The petitioner, in the facts and circumstances of the case, deserves to be enlarged on bail. He is ordered to be enlarged on bail subject to his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate, Jalandhar.