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Judgment
4 paragraphs · 173 wordsM.L. Singhal, J.—Heard.
According to the prosecution case, 30 kilograms of poppy husk was recovered from the possession of the Petitioner on July 12. 1998.
Learned Counsel for the Petitioner submits that this recovery is not witnessed by any independent witness. He further submits that this recovery is also not witnessed by any Gazetted Officer or Magistrate. He also submits that in fact ASI Sukhwinder Singh did not comply with the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in its letter and spirit as if he had really meant to comply with the said provisions, he would have taken the Petitioner to the Gazetted Officer or the Magistrate for search. No wonder declining of the Petitioner for being taken to the Gazetted Officer or the Magistrate and reposing faith and confidence in ASI Sukhwinder Singh was only a manipulation.
Without going deep into the submissions, I feel that bail should be allowed. Bail to the Petitioner to the satisfaction of Chief Judicial Magistrate, Ferozepur.