D.C. Dalela, J. - (1.) Heard.
(2.) This is a bail application under Section 439, Cr.P.C., and the accusation against the accused-applicant, is for offence under Section 8/21 of NDPS Act.
(3.) In this case, a printed notice under Section 50 of the NDPS Act, has been given to the accused-applicant, asking him as to whether he would like the search to be effected in the presence of any Magistrate or Gazetted Officer. But, in the memo of search & recovery, it has been mentioned that the accused-applicant was asked under Section 50 of the NDPS Act as to whether he wants the search to be effected before a Magistrate or before the Gazetted Officer, Shri M.C. Vijay, who is the member of the search/raiding party. 2A. In the case of Nadeem v. State of Rajasthan 1998(2) EFR 632 , it has been held by this Court that the Gazetted Officer or the Magistrate, referred to in Section 50 of the NDPS Act, is not the Gazetted Officer or the Magistrate, who is accompanying the search/raiding party. The Gazetted Officer or the Magistrate, mentioned in Section 50, should be one, who is not the member of the search/raiding party.;