Code of Criminal Procedure, 1973–Sec. 439–Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 8/18–Bail–Entitlement–Notice issued u/s. 50 shows that the petitioners were not given the option about their rights–As per provisions of Sec. 52, an offer is to be made that the person will be searched in the presence of a Gazetted Officer or a Magistrate–The offer should contain mention of both offers and right to be discharged–Further, it is an admitted fact that the seizure officer had not formally taken charge as the SHO of the concerned police station–Proceedings of search were prima facie unauthorized and without jurisdiction–Bail deserves to be granted subject to certain conditions.
