AMANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.43 dtd. 13/7/2018 registered at Police Station Vairo Ke, District Fazilka under Ss. 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act').

(2.) It is the case of prosecution that on 13/7/2018 during the course of patrolling and checking, the police came across a clean shaven person, who upon noticing the police party, tried to turn and move towards the village. The said person was apprehended on the basis of suspicion and upon inquiry he disclosed his name as Amandeep Singh (petitioner). An offer in terms of Sec. 50 of NDPS Act was extended to him and search of the bag carried by the petitioner yielded recovery of 810 tablets of 'TRIESR' containing tramadol.

(3.) The learned counsel for the petitioner has submitted that in the present case, the offer extended to the petitioner is defective inasmuch as while extending the offer in terms of Sec. 50 of the NDPS Act, the petitioner was asked as to whether he seeks to be searched in the presence of a 'Gazetted Officer of Police Department' or a 'Magistrate'.