HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By these two petitions, filed under Sec. 439 of the Cr.P.C, the petitioner in each of the petitions seeks the concession of regular bail .

(2.) Learned counsel for the petitioners submit that though it is not stated so in the FIR, however, even a memo was prepared as regards the personal search of the petitioners on the date that they were apprehended, i.e. on 18/12/2018, and therefore though the contraband is stated to have been recovered from bags carried by them as per the case of the prosecution, such search could have been only conducted in the presence of a gazetted officer/Magistrate.

(3.) Learned counsel appearing for the State could not deny the said contention, in the light of a judgment of the Supreme Court in the case of State of Rajasthan vs. Parmanand and another, 2014 (2) RCR (Crimnal) 40. that if a personal body search is conducted, even without any recovery made from the clothes/person of the accused, but from any bag etc. that he was carrying, the provisions of Sec. 50 of the NDPS Act must be complied with.