S.NEHRA, J.

1. This is a petition filed by the petitioner under S. 439, Code of Criminal Procedure, for grant of bail during the pendency of the trial on First Information Report No. 130 dated 15-4-1992 registered at Police Station, Samalkha, under S. 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, the Narcotic Act). The first information report which was registered on the basis of ruqa sent by Pirthi Singh, MHC, reads as under :-

"Today, I along with S.I. (S.H.O.), H. C. Dharambir, 80, Constable Balraj Singh were on patrolling duty on Government jeep No. HR-05/1892 driven by H. C. Rati Ram. We were going towards Samalkha. When we reached near the turning point Kiwana near G. R. College, Samalkha, a person identified as Ram Sarup alias Sarup Chand son of Shri Buli Ram, Sunar by caste, r/o Samalkha, met us. After seeing the police jeep, he sat himself for urinal purposes. He was arrested on the basis of suspicion. He was told that he has in possession of any intoxication article. I enquired from him whether he was willing to give search before some gazetted officer. Accused told that he has no objection if the search was taken by me, no need to go