K.S.KUMARAN,J - (1.) F .I.R. No. 141 dated 25.11.1998 has been registered at Police Station Patti under Sections 18, 61 and 85 of the N.D.P.S. Act wherein the following allegations are found :-
(2.) ON 25.11.1998, SHO Police Station Patti alongwith other police officials was going on patrol duty and when they reached the bridge of the minor canal in the Village Lohka two persons were found coming from the opposite direction. On suspicion, they were appehended. One of them gave his name as Amrik Singh alias Amrika, while the other gave his name as Mehtab Singh alias Mehtaba (petitioner herein). An offer was made to them whether they wanted to be searched by the S.H.O. concerned or by a Magistrate, or in the presence of a Gazetted Police Officer. They stated that they can be searched in the presence of a Gazetted Police Office, on which the consent memo was prepared. D.S.P., Patti was requested to reach the spot and on his arrival he also ascertained the consent of the accused to be searched in his presence after making an offer to be searched in his presence or in the presence of a Magistrate. Both of them gave their consent and wanted to be searched in his presence, upon which the consent memo was prepared. At the first instance, Mehtab Singh (petitioner herein) was searched in the presence of D.S.P. and opium wrapped in a glazed paper which he had kept in the shawl wrapped by him was found. 10 grams of sample and the remainder of 1.240 kilograms of opium were seized under separate parcels and sealed. The petitioner approached the Special Judge, Amritsar for bail but his request was declined by the Special Judge, Amritsar. Therefore, he has approached this Court under Section 439 Cr.P.C. for bail.
(3.) I have heard the counsel for both the sides and perused the records on file.;