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The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.
Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.
For specific facts, the Court said that the entire weight of the material was to be considered to know the total weight of the contraband recovered.
“The criminal liability against the appellant is fastened basing on the so-called version of Accused 1 and 2 which is nothing but confession by exonerating the two accused. The whole approach of the Trial Court in appreciating the evidence on record is not in accordance with law.”
Considering the huge quantity of contraband seized and progress of trial, the Court refused to grant bail.
“Prima facie the search and seizure, which is in contravention of the mandatory provisions of Section 42 of the NDPS Act prima facie makes the recovery doubtful.”
Supreme Court advised the petitioner to secure appropriate treatment for spinal disorder during the given period of 6 weeks.
The Supreme Court observed that the petitioner was on a ventilator earlier but was discharged due to non-availability of proper medical treatment in the prison.
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