AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCORDING to the prosecution, 500 gms. of opium was recovered from the possession of the accused on 5.3.1996. It is submitted by the learned counsel for the petitioner that there is violation of Section 50 of the N.D. and P.S. Act, 1985 in as much as an affair should have been made by S.H.O. Sukhdev Singh to the accused that if he wanted he could be taken to a gazetted officer or a Magistrate for his personal search. D.S.P. Harbhajan Singh was there in whose presence search was allegedly effected. It is question of evidence on which it would turn whether there has been sufficient compliance with the provisions of Section 50 of the said Act or not. At this stage we cannot go into the merits of the case as if we go into the merits of the case, as is that would prejudice either the prosecution or defence.

(2.) SECTION 37 of the N.D.P.S. Act stands like of rock so far as grant of bail to the accused is concerned. No reason to allow bail to the petitioner is thus made out. Dismissed. .