GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . According to the prosecution 240 grams opium is alleged to have been recovered from the possession of the accused 14.6.1998. It is doubtful whether A.S.I. Kashmira Singh has complied with the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 or not as the offer said to have been made to the accused was that if he wanted, he could be searched in the presence of some senior officer while Section 50 lays down that offer should be that is he wishes, he can be searched in the presence of a Gazetted Officer or Magistrate.

(2.) WITHOUT going into the merits of this submission case, I deem it proper to allow bail to the petitioner. So bail to the petitioner to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Patiala.