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High Court Of Delhi
A - Appellant
Versus
B - Respondent
.
Decided On : 03/30/1993
Section 50 NDPS Act - Search Procedure - The court directed the release of the petitioner on bail, citing non-compliance with Section 50 NDPS Act regarding the limited choice given to the accused person for being searched.
Fact of the Case:
The petitioner is facing prosecution for the recovery of 200 grams of charas and applies for bail, contending that he was not given full choice as enjoined by Section 50 NDPS Act.
Finding of the Court:
The court directed the release of the petitioner on bail, citing non-compliance with Section 50 NDPS Act regarding the limited choice given to the accused person for being searched.
Issues: The issue of compliance with Section 50 NDPS Act regarding the choice given to the accused person for being searched.
Ratio Decidendi: The court relied on the case of Satish alias Bombaiya v. State, where it was held that if a limited choice was given to an accused person under Section 50 for being searched, it amounted to non-compliance of Section 50.
Final Decision: The petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 5,000.00 with one surety for the like amount to the satisfaction of the Trial Court.
( 1 ) PETITIONER is facing prosecution for recovery of200 grams of charas on 12. 3. 91. He applies for bail.
( 2 ) HEARD. The contention raised on behalf of the petitioner is that thepetitioner was not given full choice as enjoined by Section 50 NDPS Act thathe could be searched in the presence of Gazetted Officer or a Magistrate. Hewas told that he could, if he so desires, be searched in the presence of agazetted Officer. In support of this contention my attention has been drawnto the case of Satish alias Bombaiya v. State reported in 1991 JCC 617wherein it was held by this Court that, "if a limited choice was given to anaccused person under Section 50 for being searched, it amounted to noncompliance of Section 50. " Therefore, without expressing any final opinionon the merits of the case at this stage, I direct that petitioner shall bereleased on bail on furnishing a personal bond in the sum of Rs. 5,000. 00 withone surety for the like amount to the satisfaction of the Trial Court. A copyof the order be forwarded to the Court concerned as well as to the Superintendent Jail.
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