PARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel for the petitioner points out that the alleged recovery of intoxicant powder was made by the police party by taking a polythene bag stated by the police to have been carried by the petitioner in his hand, from which 105 grams of intoxicant powder was alleged to have been recovered.

(2.) He submits that the aforesaid manner of recovery, without even an offer of producing the petitioner before a gazetted officer or a Magistrate, results in a violation of Section 50 of the NDPS Act even as per the judgment of the Constitution Bench in Vijaysinh Chandubha Jadeja vs. State of Gujarat, (2011) 1 SCC 609 (reference paragraphs 29, 30, 31, 32).

(3.) He further submits that the petitioner has already been in custody for more than 7 months and 21 days, with only one prosecution witness examined out of eleven, and therefore the trial not likely to conclude in the near future.