KARUDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.216/2021 registered at Police Station Nai Mandi Hindaun, District Karauli for the offence under Sec. 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act of 1985') and later on for the offence under Sec. (s) 8/21 & 8/25 of the Act of 1985.

(2.) Learned counsel for the petitioner submitted that there has been non-compliance of the provisions of Sec. 50 of the Act of 1985 as no option was furnished to the accused-petitioner to get the search conducted in presence of a Gazetted Officer or Magistrate. He, in support of his submissions, relies upon an Apex Court judgment dtd. 28/2/2014 in case of State of Rajasthan v. Parmanand and Anr.: Criminal Appeal No.78/2005 as well as co-ordinate Bench orders of this Court dtd. 28/7/2020 in SB Criminal Misc. Bail Application No.7820/2020: Ranjeet Singh v. State of Rajasthan and dtd. 6/7/2021 in SB Criminal Misc. Bail Application No.7818/2020: Virendra v. State of Rajasthan. He, therefore, prays for benefit of bail for the petitioner.

(3.) Per contra, learned Public Prosecutor opposing the prayer submitted that since the contraband of commercial quantity was recovered from a bag being carried out by the petitioner, compliance of Sec. 50 was not mandatory. He further submitted that since search was conducted without any prior information as contemplated under Sec. 42 of the Act, requirement of Sec. 50 was not attracted. He, in support of his submissions, relies upon a Constitution Bench judgment in case of State of Punjab v. Baldev Singh: (1999) 6 SCC 172 and a judgment of Hon'ble Apex Court in case of Kanhaiya Lal v. State of M.P.: (2000) 10 SCC 380.