High CourtsSingle Bench

Karnail Singh @ Jattu vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 2 August 2001 · Citation: (2001) 4 RCR(Criminal) 144

HON’BLE JUDGES
Nirmal Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 15, 37, 50, 59
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 22827-M of 2001
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Judgment

4 paragraphs · 148 words

Nirmal Singh, J.—As per the allegation of the prosecution, 25 kilograms of poppy husk has been recovered from the possession of the petitioner.

2.

Mr, Nagpal, learned counsel for the petitioner submitted that the alleged recovery has been effected from the petitioner within the city of Bhattu Kalan. No independent witness was joined. Learned counsel further submitted that only partial offer was given to the petitioner inasmuch as that the Investigating Officer has restricted to the offer whether he can only be searched before the Gazetted Officer of Police or Excise and as such there is non-compliance of Section 50 of the Narcotic Drugs and Psychotropic Substances Act.

3.

In view of the submissions made by the learned counsel for the petitioner and without commenting on the merits of the case, petitioner be admitted to bail to the satisfaction of the Chief Judicial Magistrate, Fatehabad.

4.

Petition allowed