NACHATTAR SINGH ALIAS SHINDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Nachattar Singh has applied for grant of bail under Section 439 of the Code of Criminal Procedure.

(2.) THE facts available on the record of the case show that the petitioner was arrested on 31.10.1996 in connection with FIR No. 124 dated 31.10.1996 registered at Police Station Ghal Khurd, District Ferozepur, in relation to an offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He applied twice before the Additional Sessions Judge, Ferozepur, for being enlarged on bail and on both the occasions, the learned Additional Sessions Judge, Ferozepur, turned down his request. Crl. Misc. No. 58-M of 1997 filed by him in this court was dismissed as withdrawn on February 3, 1997.

(3.) ON the other hand, Shri Cheema argued that there has been no violation of Section 50 of the Act because the petitioner was given option to be searched either by a Magistrate or higher police officer and the search in fact had been conducted at the instance of and in the presence of the Deputy Superintendent of Police - Sh. Harminder Singh. Shri Cheema argued that the petitioner has been charged with an extremely serious offence and it would be gravely injurious to society to release him on bail at this stage.