JAGDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . According to the prosecution 500 grams of opium was recovered from the possession of the petitioner and one Pala Singh on 10.8.1998 when they were riding Enfield motor cycle No. HYN 4122. Learned Counsel for the petitioner submits that offer made to them does not conduce to the provisions of section 50 of the Narcotic Drugs and Psychotropic Substances Act inasmuch as the same is a partial offer. Offer made should not have been that if they wanted they could be searched in the presence of a Magistrate or police gazetted officer. Offer should have been that they could be searched in the presence of a gazetted officer or Magistrate. Learned Counsel for the petitioner submits that this offer circumscribed the offer to a Magistrate or gazetted police officer. He further submits that if search had been effected in the presence of some Magistrate, the court could have viewed the offer as not prejudicial to the interest of the petitioner. He further submits that the recovery, though is said to have been effected in the presence of one Sukhwinder Singh, but seal after use was not handed over to him and if he had been really present at the spot, seal after use, in all probability would have been handed over to him. He further submits that if seal after use was not handed over to him, that will impinge upon his presence at the spot.

(2.) WITHOUT going much into these submissions, I feel that bail should be allowed to the petitioner. So, bail to him to the satisfaction of Chief Judicial Magistrate/Deputy Magistrate, Bhatinda. Application allowed.