CHANAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCORDING to the prosecution, opium weighing 5 kgs. was recovered from the possession of the accused of 5th August, 1998. Learned counsel for the petitioner submits that although recovery was witnessed by one Kapur Singh but seal after use was handed to H.C. Nirmal Singh. He submits that if Kapur Singh, the so -called independent witness, had been there, seal after use, if all probability, would have been handed over to him. He further submits that there is non -compliance of section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 inasmuch as offer made to the accused was not straight conducing to the said provisions. Offer said to have been made is truncated inasmuch as it reads as follows "whether he wanted his search to be conducted in the presence of a Magistrate or Gazetted Police Officer -

(2.) WITHOUT going into these submissions, I feel bail should be allowed to the petitioner. So, bail to the petitioner to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Patiala. Bail allowed.