Ragu Nath vs State of Haryana

Sat Pal, J.

This petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure (in short ''the Code'') seeking bail pending trial in FIR No. 120, dated 30.6.1995, registered at Police Station, Jagadhri, under section 15 of the Narcotic Drugs & Psychotropic Substances Act. The petitioner was apprehended on 30th June, 1995 and as a result of his personal search the poppy husk weighing seven kgs. was recovered from him.

Mr. Gupta, the learned counsel appearing on behalf of the petitioner submits that in the present case there is violation of section 50 of the Act inasmuch as the option to be searched before a magistrate was not given to the petitioner. He further submits that there is violation of clause (b) of sub section (i) of Section 36A of the Act inasmuch as the remand of the petitioner has been granted by the Illaqa Magistrate for a period exceeding fifteen days and till date the petitioner is in custody under the orders passed by the Illaqa Magistrate. In support of this submission he has placed reliance on two judgments of this Court in Bhupinder Singh v. State of Haryana, 1994(2) Recent Criminal Reports 302 and Nek Singh v. State of Haryana, Crl. Misc. 4697M of 1995.

I have been informed that the matter regarding interpretation of clause (b) of subsection (1) of section 36A of the Act has been referred to Full Bench and the decision of the Full Bench is still awaited. It may be pointed out here that the learned Single Judge of this Court while referring the said matter to the larger Bench in Crl. Misc. No. 9322M of 1995 Janta Singh v. State of Punjab has granted bail to the petitioner in that case. Keeping in view the aforesaid two decisions of this Court and quantity of the poppy husk alleged to have been recovered from the petitioner and also the submissions made by the learned counsel for the petitioner with regard to the alleged violation of section 50 of the Act, I am of the view that it is a fit case for grant of bail. Accordingly, I direct that the petitioner be released on bail on furnishing bail bond in the sum of Rs. 25,000/ with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Jagadhri. The observations given by me hereinabove shall not have any bearing on the merits of the case. Dasti.

JUDGMENT accordingly.