Raseed vs State of Haryana

S.S. Sudhalkar, J.

The petitioner has been arrested in connection with F.I.R. No. 183 dated 21.6.1996 under section 15 of the N.D.P.S. Act, Police Station Shahbad, Distt. Kkurukshetra and has given this application for being released on bail.

I have heard learned counsel for the parties.

Learned counsel for the petitioner has argued that provisions of section 50 of the N.D.P.S. Act (hereinafter referred to as ''the Act'') have not been complied with and, therefore, the petitioner can be released on bail. He has read with translated version of the FIR which is reproduced in the petition itself. The relevant part is as under:

"... That on the information the accused was apprehended and was produced before D.S.P. HQ. Shahbad and on the search of the bag 18 kg. 500 grams poppy husk was recovered. Out of this 500 grams was taken as sample and seal was put by the DSP. The sample and other recovery was taken by the police. The witnesses put their signatures on recovery memo."

Therefore, in the FIR the compliance of provision of section 50 of the Act, giving the petitioner offer that he can be searched in the presence of a gazetted officer or Magistrate, if he so desires, is not revealed.

Learned Counsel for the State of Haryana has read over to me the notice which was given in writing to the petitioner and the say of the petitioner. However, in the absence of the mention of the same in the FIR, at the stage of bail, I find it proper to hold that the petitioner is entitled to bail because of the nonmention of the above requirement in the FIR. It will of course be open to the prosecution to prove the notice at the time of trial.

In view of the above reasons, this petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bond in the sum of Rs. 40,000/ with one surety in the like amount to the satisfaction of Sections Judge/trial Court, Kurukeshtra.