ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD .

(2.) ACCORDING to the prosecution, 3 gunny bags each containing 20 Kgs. of poppy husk are alleged to have been recovered from the possession of the petitioner and non -petitioners Dev Singh and Manjit Singh when they were nabbed on 17.4.1998 while coming in Maruti van. Learned Counsel for the petitioner submits that there has been no compliance with the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 inasmuch as the offer said to have been made by SI/SHO Surinder Kumar was that whether he was willing that van be searched by him and in response he replied that the van be searched in the presence of some Gazetted Officer whereas the offer should have been that if he wanted, the van's search could be effected in the presence of some Gazetted Officer or Magistrate. On the recovery memo, DSP (R), Hoshiarpur, is said to be figuring. Learned counsel submits that if DSP was sent for to witness this recovery, he was not sent for in response to that offer said to have been made to the petitioner. Without going much into these submissions, I feel that bail should be allowed to the petitioner. So, bail to the petitioner to the satisfaction of learned trial Court. Bail allowed.