DEEP SINGH @ DEEPA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . Earlier the bail application of the petitioner was declined vide order dated 7.11.1997 passed by Hon'ble Mr. Justice P.K. Jain to the following effect :-

(2.) THE first submission which has been raised by the learned counsel for the petitioner is that the mandatory provisions of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with and, therefore, it is a fit case for bail. This argument is not acceptable to this Court. It is settled principle of law that the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are also mandatory in nature like the one under Section 42 of the Act. Whether the provisions of Section 50 can be availed of by an applicant at the stage of bail was considered in Salim v. State of Madhya Pradesh, 1998(2) RCR (Crl.) 531. In this case it was held as follows :-