A single-judge bench of the Bombay High Court, presided by Justice SM Modak, recently granted bail to a man from whom Ganja was found. The court’s order was based on the fact that the samples collected were not sent to the Chemical Analyzer.
The high court was hearing a bail plea of the man who was booked under the NDPS Act after a search was conducted at his farmhouse.
Advocate Mithilesh Mishra, representing the applicant, argued that there was a failure to comply with the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act. He further contended that although samples were drawn before the learned magistrate as required by Section 52-A of the NDPS Act, the information provided to the Chemical Analyzer mentioned that the samples were taken at the spot and not before the magistrate.
Mishra further asserted that even though the search was conducted at the farm house, the entire procedure of seizure and sampling was carried out at the Customs office in Dapoli, which constitutes a clear violation.
The prosecution submitted that the issue about non-compliance of the Section 50 can be looked into during the trial and for that purpose observations.
The court was not impressed with the arguments of the prosecution and said that, “After going through the submission and papers, I am impressed by only one argument that is about not sending samples taken before the Learned Magistrate to the Chemical Analyzer. The argument about “not taking samples at the spot but in the office, non-compliance of the provisions of Section 50 (so as to say not having appropriate words in the notice and Mr. Bhoite, Superintendent of Customs acted as Gazetted officer)” does not appeal to my conscience. Page no. 13 – is the details about the search and seizure,” the court said.
The court observed that ultimately, during the trial, there will not be a Chemical Analyzer report available based on the analysis of samples taken before the magistrate. Instead, the available report will pertain to samples taken at the spot or office.
The bench while granting bail on personal bond and surety of Rs 50,000 observed that ultimately the trial will be conducted only on the basis of the evidence collected during investigation.
Comments
0 comment