Vidyawati Vs. State - Court Judgment

Excerpt:
the case debated on the petition filed by the petitioner under section 439 of the criminal procedure code, 1973, for the grant of bail on the ground that the provision under section 50 of the narcotic drugs and psychotropic substances act, 1985, was not fully complied - it was further stated that only the option that was searched by the gazetted officer was given - hence, it was held that the bail should be granted to the petitioner - - 7.000.00 with a surety of the like amount to the satisfaction of the court concerned. copy of this order be forwarded to the superintendent (jail) as well as the courtconcerned.r.l. gupta, j.(1) the petitioner is facing prosecution for recovery of 450 gm. of charas on 15.5.1991. she applies for grant of bail.(2) i have heard the arguments advanced by the learned counsel for the parties. learned counsel for the petitioner has drawn my attention to the averments made in the rukka by the investigating officer which shows that the petitioner was given option only of being searched in the presence of a gazetted officer. it is contended that it amounted to giving a partial option and thus the option given was not valid as per section 50 of ndpsact.(3) without expressing any final opinion in this respect, the petitioners granted bail on furnishing a personal bond of rs. 7.000.00 with a surety of the like amount to the satisfaction of the court concerned. copy of this order be forwarded to the superintendent (jail) as well as the courtconcerned.