9911796707
TMI Blog2023 (7) TMI 1486X X X X Extracts X X X X X X X X Extracts X X X X ..... s were searched and in one plastic bag containing plastic pouches were found which consists of Ganja. His personal search was also taken but nothing objectionable was found. Samples were drawn at the spot marked at Exh. Nos. A1 to L1. Second samples 3. BA 4125 of 2021.doc were also taken from those gani bags. The Applicant came to be arrested. Complaint was filed before the learned Special Judge, NDPS Satara. 3. Learned Advocate for the Applicant made following submissions:- a) There is non-compliance of the provisions of the Section 50 of the Narcotic Drugs and Psychotropic Substances Act. b) Page no. 28 is the notice. It does not mention about the right of the accused to be searched. It only mentions about necessity. c) The conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e department and cannot be said to be an independent officer. i) Even if nothing is found with the present Applicant, Section 50 is mandatory. This was view taken in case of Sanjeev and Anr. Vs. State of Himachal Pradesh [2022 LiveLaw (SC) 267] j) Even though search was taken in the farm house, entire procedure of seizure and taking samples was undertaken in the office of the Customs at Dapoli. This is clear violation. It is observed by learned Single Judge in case of Mr. Ravi Raju Mane and Anr. Vs. The State of Maharashtra, in Bail Application No. 2020 of 2017, decided on 10/11/2017. 4. As against this, learned Advocate for the Respondents contended that the issue about non-compliance of the Section 50 can be looked into during the tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 31(1) of the observations in case of Union of Indian Vs. Mohanlal (Supra) were not followed. Ultimately when the evidence will be adduced during the trial, there will not be Chemical Analyzer report available on the basis of the analysis done about samples taken before learned Magistrate what will be available is Chemical Analyzer report about samples taken at the spot/office. In case of Simarnjit Singh s. State of Punjab, decided by the Hon'ble Supreme Court in Criminal Appeal No. 1443 of 2023 on 09/05/2023, the Hon'ble Supreme Court has refused to accept analysis done on the basis of the samples taken at the spot and set aside the conviction. 10. Learned Advocate for the Respondents submitted that in this case, this issue can be decid ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
