JUDGMENT

Mr. Pankaj Jain, J.

(Oral) By way of present petition, the petitioner seeks regular bail in FIR No.0054 dated 24.02.2021, registered for offence punishable under Section 20 of NDPS Act at Police Station Beri, District Jhajjar.

2. Counsel for the petitioner has relied upon order passed by this Court in CRM-M No.12708 of 2023 dated 28.03.2023, wherein while admitting co-accused i.e. Vikas Dhillu to bail, this Court observed as under:-

"xx xx xx

3 Status report by way of affidavit of Naresh Kumar, HPS, Deputy Superintendent of Police, Beri, District Jhajjar on behalf of respondent/State has been filed, wherein it is not denied that the gazetted officer in his testimony has specifically denied that he was called on the spot for the purpose of compliance of Section 50 of the NDPS Act.

4 In order to appreciate the argument raised at the behest of learned counsel for the petitioner, it is necessary to peruse testimony of PW/4-Gazetted officer which reads as under :-

"PW-4 Naveen, Sub Divisional Engineer,

Public Health, Beri.

Time : 11:20 AM to 12:00 Noon

This deposition of the witness has been recorded by me (Jyoti Lamba, ASJ, Jhajjar), on 18.02.2022 as under :-

On SA......

Stated that 24.02.2021, I was posted as above. On that day, at about 9.30 PM, I received a telephonic call from ASI Ajeet that he had met with some suspects relating to drugs at Bishan Mod, Ritoli Road, Beri. I reached at the spot within five minutes. I have checked about the notice under Section 50 NDPS Act. Notices Ex. PW1/B. Ex. PW1/C and Ex. PW1/D were signed by me. I also checked their agreed statement Ex. PW1/E, Ex. PW1/F and Ex. PW1/G. I signed the same. I directed to ASI Ajeet for his personal search in my presence. After search, nothing was recovered from ASI Ajeet. I signed memo Ex. PW1/H. Thereafter, I directed ASI Ajeet to conduct the search of three accused persons present on the spot. After search, five packets (three were of white colour and two of black colour) were recovered from the dash-board of the car. These packets contained charas like material. It was weighted in my presence. After weighing, the same was of 2 kg 638 grams. Thereafter, the same was converted into a sealed parcel, affixing of seal of KK and taken into possession vide memo Ex. PW1/E, in my presence. The same was signed by me. Accused persons present in the Court, today.

Xxxxxxxxxxxxxx by Sh. A.S. Kadian, Ld. Counsel for accused Mintu, Sh. Mukesh Kashyap, Ld. Counsel for accused Vikas, son of Mahender Singh and Sh. Pawan Jakhar, Ld. Counsel for accused Vikas @ Dhillu.

I do not know the mobile number of ASI Ajeet Singh. Thereafter, I reached at the spot in my personal vehicle bearing registration no. HR-16J2223. The distance between my office (residence) and the place of occurrence is near about 5/7 kilometers. This is my first case as Duty Magistrate. It is correct that accused replied that they want to search before a Magistrate. It is correct that I am not a Magistrate. I was a Duty Magistrate on that date, so I was competent to participate in the recovery proceedings. Hence, I did not refuse to participate in the recovery proceedings to the IO. I have some knowledge of NDPS Act. Section 50 of NDPS Act is about the checking of the accused persons. I have no knowledge regarding Section 51 NDPS Act. It is correct that all the six documents bearing Ex. PW1/B to Ex. PW1/G were mentioned to be under Section 50 of the NDPS Act. I directed ASI Ajeet for his personal search at about 9.40 PM. It is correct that nothing was recovered from the personal search of all the accused. It was recovered from the vehicle. That some recoveries of currency notes was effected from all the accused. I cannot recall what amount of currency notes were recovered from each. The said currency notes were not taken into possession by ASI Ajeet. I cannot recall the number of seals of 'KK' affixed on the parcels of contraband. It is correct that recovery memo Ex. PW1/I was computerized typed and other docum