KRISHNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD .

(2.) ACCORDING to the prosecution four bags containing poppy husk have allegedly been recovered from the possession of the accused/petitioner on 22.2.1998 by Sub Inspector Raj Pal Singh, SHO, Police Station Mukandpur in the presence of one Badal Singh son of Munsha Singh resident of Hakimpur and Shri Harmail Singh, D.S.P. Learned counsel for the petitioner submits that before the Matador which was allegedly found to contain four bags containing poppy husk was subjected to search, there was no compliance of the provisions of section 50 of Narcotic Drugs and Psychotropic and Substances Act, 1985 inasmuch as the offer made to the petitioner was that if they i.e. she and non-petitioner wanted, the search to be carried out that could be in the presence of a Magistrate or a Gazetted Police Officer.

(3.) IN these circumstances, it is deemed proper to allow bail to the petitioner. So, bail to the petitioner to the satisfaction of Chief Judicial Magistrate/Duty Magistrate Jalanric 5.8.1998. Petition allowed.