Maya Vs. State - Court Judgment

Excerpt:
the case focused on the application filed under section 439 of the criminal procedure code, 1973, seeking bail - the accused was charged under section 21 of the narcotics drugs and psychotropic substances act, 1985 -it was alleged that the officials had allegedly recovered 15grams of smack from the accused - it was observed that the accused was not given the option to be searched in the presence of the magistrate or a gazetted officer - thereforee, it was ruled that the accused was liable to be granted bail, on account of non-compliance of section 50 of the act - - 30,000.00 with one surety of like amount to the satisfaction of the concerned court.v.b. bansal, j.(1) the petitioner is in custody incase fir no. 126/90 under section 21 of the narcotic drugs and psychotropic substances act, 1985 with the allegations that on 22.11.1990, he was apprehended and 15 gms. of smack was recovered from him. submission of the learned counsel for the petitioner has been that there was non-compliance of the mandatory provisions, as contained in section 50 of the said act inasmuch as no option was given to the petitioner that he could be searched in the presence of a magistrate or a gazetted officer. a perusal of the rukka shows that acp was present with the police in whose presence, the petitioner was searched. without going into the details of the case and without expressing any opinion on merits, the petitioner is ordered to be released on bail subject to furnishing personal bond for rs. 30,000.00 with one surety of like amount to the satisfaction of the concerned court.