Crl. Misc. No. M-35745 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-35745 of 2011 Date of Decision : November 28, 2011 Budh Singh @ Rahul .... Petitioner Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Gurpreet Singh, Advocate for Mr. Vivek Salathia, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Accused Budh Singh @ Rahul has filed this petition for regular bail in case FIR No.34 dated 25.04.2011, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short – the Act) registered at Police Station C-Division, District Amritsar. I have heard learned counsel for the petitioner and perused the case file. According to the prosecution version, two kilograms of charas was recovered from the accused petitioner. The quantity of two kilograms of charas recovered from the petitioner is commercial one. Consequently, in Crl. Misc. No. M-35745 of 2011 2 view of Section 37 of the Act, he does not deserve the concession of bail. Counsel for the petitioner contended that Section 50 of the Act has not been complied with. The contention cannot be accepted at this stage because the contraband charas was recovered from polythene bag, which the accused was carrying in his hand. Section 50 of the Act applies to search of person or body of the accused, but does not apply to search of accessories like bag, briefcase etc. The contention of counsel for the petitioner, that seal was not handed over to independent witness present with the police party would depict that the petitioner has been implicated in false case, cannot be accepted at this stage. In view of the aforesaid, without meaning to express any opinion on merits of the case, the instant bail petition is dismissed. November 28, 2011 ( L. N. MITTAL ) monika JUDGE