SUKHVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By these two cases (CRM-M-6713-2018 and CRM-7013-2018 in CRA-S-1500-SB-2017), have been clubbed together for hearing, in view of the fact that common arguments have been raised, in similar circumstances, as to whether Section 50 of the NDPS Act, 1985, was duly complied with by the arresting officer in each case, or not.

(2.) Crm-M-6713-2018 is a petition filed under Section 439 Cr.P.C., seeking the concession of bail to the petitioner, who is facing trial for the alleged commission of offences punishable under Section 22 of the NDPS Act, 1985, whereas the applicant-appellant in CRM-7013 of 2018 in CRA-S-1500-SB-2017 is seeking suspension of his sentence of imprisonment after he has been convicted for the commission of an offence punishable under Section 21 of the said Act and having been sentenced to undergo rigorous imprisonment for 10 years, with a fine of Rs. 1,00,000/- also imposed upon him, in default of payment of which he is to undergo rigorous imprisonment for a further period of 06 months.

(3.) The common argument made by Mr. Anterpreet Singh, learned counsel appearing for the petitioner in CRM-M-6713-2018 and Mr. G.S. Madaan, learned counsel appearing for the applicant-appellant in the criminal appeal, is that though consent memos are shown to have been signed by both the accused at the time of their arrest (in wholly unreleated cases, as CRM-M-6713-2018 arises out of FIR No. 64 dated 18.03.2017, registered at Police Station Samrala, District Khanna, whereas CRA-S1500-SB-2017 has arisen out of the case originating from FIR No. 119 dated 12.07.2015, registered at Police Station City, Nawanshahr, SBS Nagar), after they are stated to have reposed faith in the officers arresting them, after an offer had been made to them that they had a right to be searched in the presence of a Gazetted Officer/Magistrate, however, even that is not sufficient compliance of Section 50 of the NDPS Act, as per the ratio of the judgment of a Constitution Bench of the Supreme Court, in Vijaysinh Chandubha Jadeja vs. State of Gujarat, 2011 1 SCC 609.