TAJBIR SINGH @ ROSHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition filed under Sec. 439 of the Code of Criminal Procedure, 1973 is for grant of regular bail to the petitioner in case FIR No.70 dated 9.6.2014 under Sections 21 and 22 of the NDPS Act registered at Police Station Khalchian, Police District Amritsar Rural, District Amritsar.

(2.) Learned counsel for the petitioner contends that in the case in hand, provisions of Sec. 50 of the NDPS Act have not complied with and the petitioner is in custody since 24.2.2016 i.e. after receipt of the FSL report. Otherwise also, the petitioner remain in custody from 9.6.2014 to 5.8.2014 and was on bail from 5.8.2014 to 24.2.2016.

(3.) Learned counsel for the petitioner relies upon judgments of this Court passed in the case of Mohan Singh Vs. State of Punjab, 2004(4) R.C.R.(Criminal) 260 : PLR 2005 (1) 425 and CRM-M-28444 of 2011 Sudesh Singh @ Tandu Vs. State of Punjab decided on 18.10.2011 to contend that it is obligatory for the investigating officer to give complete offer to the suspect to get the search conducted in the presence of a Gazetted officer or a Magistrate and that violation of mandatory provisions under Sec. 50 of the NDPS Act is a relevant consideration at the time of granting bail.