MANOJ KUMAR OHRI
Mamta And Other – Appellant
Versus
State Of Delhi And Other – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - The present application has been filed under Section 439 Cr.P.C. read with Section 37 of the NDPS Act on behalf of the applicant seeking regular bail in FIR No. 312/2020 registered under Sections 21/61/85 of the NDPS Act at Police Station Budh Vihar, Delhi.
2. Learned counsel for the applicant submits that as per the prosecution case, a secret information was received at about 8:00 p.m. that the applicant, who was involved in selling of drugs, could be arrested. A raid team was organized and at about 9:15 p.m. when the applicant was allegedly getting down from an auto, she was identified by the secret informer and apprehended. A notice under Section 50 of the NDPS Act was given to her and on being searched by W/Ct. Rekha, 50.75 gms Smack was allegedly recovered from the possession of the applicant. Learned counsel has contended that the provisions of Section 50 of the NDPS Act were not strictly complied with in the present case. He submitted that the search of the applicant, admittedly conducted by W/Ct. Rekha, was in complete contravention of Section 50(4) of the NDPS Act and the alleged recovery being of 'intermediate quantity' in nature, the rigours
Chandra Ki shore Jha vs. Mahavir Prasad and Others reported as (1999) 8 SCC 266
Dhanajaya Reddy vs. State of Karnataka reported as (2001) 4 SCC 9
Dipak Babaria and Another vs. State of Gujarat and Others reported as (2014) 3 SCC 502
Karnail Singh vs. State of Haryana reported as (2009) 8 SCC 539
Sajan Abraham vs. State of Kerala reported as (2001) 6 SCC 692
State of Punjab vs. Balbir Singh reported as (1994) 3 SCC 299
State of Punjab vs. Baldev Singh reported as (1999) 6 SCC 172
State of Punjab vs. Surinder Rani alias Chhindi reported as (2000) 10 SCC 429
State of Uttar Pradesh vs. Singhara Singh and Others reported as (1964) 4 SCR 485
Vijaysinh Chandubha Jadeja vs. State of Gujarat reported as (2011) 1 SCC 609
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