Crl. Misc. No. M-30460 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-30460 of 2011 Date of Decision : October 05, 2011 Bharat .... Petitioner Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Kuljit Singh, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Accused Bharat has filed this petition for regular bail in case FIR No.84 dated 26.03.2011, under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act (in short – the NDPS Act), registered at Police Station Division No.5, District Jalandhar. I have heard learned counsel for the petitioner and perused the case file. According to the prosecution version, commercial quantity of narcotic drug was recovered from the possession of the petitioner. Counsel for the petitioner contended that offer of search before Gazetted Officer or Crl. Misc. No. M-30460 of 2011 2 Magistrate, as required by Section 50 of the NDPS Act, was not given to the accused. The contention cannot be accepted because Section 50 of the NDPS Act is not applicable when recovery of contraband substance is effected from bag, which the accused-petitioner was carrying. The petitioner is not entitled to concession of bail in view of Section 37 of the NDPS Act because at this stage, it cannot be said that the petitioner is not guilty of the offence or that he is not likely to commit any offence while on bail. Dismissed, without meaning to express any opinion on merits of the case. October 05, 2011 ( L. N. MITTAL ) monika JUDGE