Shanker Lal vs State of Haryana

K.C. Gupta, J.—Heard. The petitioner has been booked in FIRNo. 373 dated 8.8.2000 u/s 18 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station City Panipat, for keeping in his possession 3 Kgs and 250 Gms. of Opium without any permit.

Learned counsel for the petitioner contended that the petitioner was given an offer u/s 50 of the NDPS Act, to get himself searched in the presence of some Gazetted Officer or Magistrate and the petitioner preferred to get himself searched in the presence of some Magistrate and consequently Shri Balraj Singh Jhakad Naib Tehsildar of Panipat was called and the search was effected in his presence but according to learned counsel for the petitioner, the said Naib Tehsildar did not enjoy the powers of a Magistrate as defined in Section 3 of the Cr. P.C. He also contended that there is no notification under the Cr. P.C. conferring powers of a Magistrate on the said Naib Tehsitdar. Learned AAG, Haryana, on the other hand, contended that according to paragraph 2-11 of the Punjab Land Administration Manual, the Collector and his Assistants are also Magistrates. Be that as it may, the Naib Tehsildar may be made Magistrate for the revenue purposes but he cannot be considered to be an Executive Magistrate under the Cr. P.C. or NDPS Act. So, according to the learned counsel or the petitioner, there is non-compliance of Section 50 of the NDPS Act, and as such, no case is made out against the petitioner.

Keeping in view the above facts and circumstances of the case, let the petitioner be admitted to bail to the satisfaction of the Chief Judicial Magistrate, Panipat.

Petition allowed.