JUDGMENT

Manoj Kumar Ohri, J. - The present bail application has been filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No. 38/2016 registered under Sections 21/29/61/85 of the NDPS Act at P.S. Special Cell (SB), Delhi.

2. Learned counsel for the applicant has contended that the applicant is in custody since 26.06.2016 and the charge sheet having been filed, he is no longer required for any investigation. She further submits that though the recovery of contraband is alleged to have taken place from the polythene bag held by the applicant, reading of the FIR would show that after searching the polythene bag, personal search of the applicant was also conducted and hence, Section 50 of the NDPS Act is applicable. It is also contended that there was violation in the present case of mandatory provision of Section 50 of the NDPS Act, as the applicants denial to be searched before a Magistrate or Gazetted Officer was not recorded. In support of her submissions, learned counsel placed reliance on the decisions of the Supreme Court in State of Rajasthan v. Parmanand & Another reported as (2014) 5 SCC 345 and Dilip and Another