Deep Singh @ Deepa vs State of Punjab

R.L. Anand, J.

Heard. Earlier the bail application of the petitioner was declined vide order dated 7.11.1997 passed by Hon''ble Mr. Justice P.K. Jain to the following effect :

"In view of the provisions of Section 37 of the Narcotic Drugs and Psychotropics Substances Act, 1985, I do not find any justification to grant bail to the petitioner at this stage. Dismissed."

The first submission which has been raised by the learned counsel for the petitioner is that the mandatory provisions of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with and, therefore, it is a fit case for bail. This argument is not acceptable to this Court. It is settled principle of law that the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are also mandatory in nature like the one under Section 42 of the Act. Whether the provisions of Section 50 can be availed of by an applicant at the stage of bail was considered in Salim v. State of Madhya Pradesh, 1998(2) RCR (Crl.) 531. . In this case it was held as follows :

"Court considering the application for grant of bail in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 at pretrial stage or during trial before recording of evidence on the point in question, is not required to consider whether there had or had not been compliance of Section 50 of the N.D.P.S. Act and the plea of bail is not rejectable or acceptable on that basis. The applicant is thus not entitled to obtain bail on submission of noncompliance of Section 50 of the Act. Release on bail before trial holding that mandatory requirement of Section 50 had not been complied with would be contrary to Section 37, repugnant to the object and scheme of the Act and thus improper and unjustified."

No other point was urged.

The bail application is declined with the directions to the Registry to circulate these orders to all the Courts of Punjab, Haryana and Chandigarh for their guidance.