BA1/278/2023
2023 Latest Caselaw 1474 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                   COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures
                                      BA1 No. 553 of 2023
                                      With
                                      BA1 No. 278 of 2023
                                      Hon'ble Vivek Bharti Sharma, J.

Mr. Pavan Kumar Nath, counsel in BA1 No. 553 of 2023 and Mr. Yogesh Pacholia along with Mr. B. S. Bhandari, counsel in BA1 No. 278 of 2023 for the applicants.

2. Mr. V. S. Rathour, A.G.A. for the State.

3. Learned counsel for the applicant would

of the bail application) for search of the applicant/accused only one option i.e. Gazetted Officer was given to them, therefore, there is no compliance of Section 50 of the N.D.P.S. Act. In support of his contention, he draws the attention of this Court to the judgment passed by the Hon'ble Supreme Court in the case of Saiyad Mohd. Saiyad Umar Saiyad and Others vs. State of Gujarat, reported in 1995 (3) SCC 610. He would further submit that by the same content, both the accused were given option jointly and not individually; that, there is also no compliance of Section 50 of the N.D.P.S. Act. He also referred another judgment of Hon'ble Supreme Court in the case of State of Rajasthan vs. Parmanand and Another, reported in 2014 (5) SCC 345.

4. Learned State counsel seeks time to go through the law and place it before the Court on the next date of listing.

5. The request is not opposed by the counsel for the applicant.

6. Request is allowed.

7. In connected bail application, the State counsel has not complied with the directions given by this Court on 18.05.2023 with regard to apprise this Court about the net weight of the contraband allegedly seized from the applicant/accused.

8. State counsel is directed to comply the same.

9. List this matter on 05.07.2023.

(Vivek Bharti Sharma, J.) 24.05.2023 Akash