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Judgment
4 paragraphs · 159 wordsK.C Gupta, J.—The petitioner has been booked in FIR No. 185 dated 4.10.2000 u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at police station Payal, for keeping in his possession 15 Kgs. of poppy husk.
Learned counsel for the petitioner contended that there was partial offer as the Investigating Officer had told the petitioner that he could be searched in the presence of any Magistrate or police Gazetted Officer. He further contended that the A.S.I, had not given an offer for searching the petitioner in the presence of any Magistrate of any Gazetted Officer. He further contended that since the offer was bad, as such there was non-compliance of Section 50 of the Act and thus, no case is made out against the petitioner.
Keeping in view the above facts and circumstances of the case, the petitioner be admitted to bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ludhiana.
Petition allowed