J U D G M E N T

SIDDHARTH MRIDUL, J

1. The present matter has been received by way of Reference víde Referral Order dated 15.06.2020 passed by learned Single Judge of this Court and marked to this Bench by Hon’ble the Chief Justice by directions dated 18.06.2020, to adjudicate and settle the question of law vis-à-vis the Provision of Section 50 Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’), which governs the procedure qua the search of a person suspected of being in possession of a narcotic drug or a psychotropic substance, inter alia before a Gazetted Officer or Magistrate.

2. The genesis of the present proceeding, that calls for determination is that a bail application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’), primarily seeking regular bail pending ensuing trial before the Court of learned Additional Sessions Judge/ Special Judge (NDPS), West, Tis Hazari Courts, Delhi, was instituted on behalf of the applicant/accused, which was dismissed by learned Sessions Court víde order dated 13.07.2018.

3. Thereafter, the present bail application under Section 439 Cr.P.C was filed, which