Supreme Court said that the recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of NDPS Act does not apply in this case
The applicant was arrested in connection with the case registered under Section 21(b) and 29 of the NDPS Act.
Delhi Court observed that in the absence of any evidence to link the accused persons with contraband recovered in Australia, the bar of section 37 NDPS Act stands lifted.
The onus lies on the prosecution to prove that the sample of the contraband seized during investigation proceedings is the same which was forwarded to CFSL for examination and that there is no tampering of the same.
The petitioner relied upon S.K. Raju v. State of West Bengal, (2018) 9 SCC 708 which had observed that wherever the search of a person takes place, the requirement of mandatory compliance of Section 50 of NDPS was attracted, irrespective of whether the contraband was recovered from the body of the person or not.
None of the statements of the applicant led to any discovery of a ‘fact' in terms of Section 27 of the IEA.
The Delhi High Court upheld the judgment passed by the Special Judge granting bail to a Spanish National as he was not given the opportunity of a translator or an interpreter and his refusal to get a search conducted before a Gazetted Officer or a Magistrate was vitiated on account of his part understanding or misunderstanding of the questions put to him.
On 23-12-2022, the Ministry of Finance (MoF) has issued the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.
The present petition is filed by a doctor, an ophthalmologist due to the unavailability of any procedural provision or mechanism for the registration / receipt of a complaint regarding cognizable offences declared under the NDPS Act with the Narcotics Control Bureau
Punjab and Haryana High Court granting bail to the petitioner emphasised that the NDPS cases can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally done through FSL.
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