Back
S. M. MODAK
Santosh Pandurang Parte – Appellant
Versus
Amar Bahadur Maurya – Respondent
JUDGMENT :
S.M.Modak, J. - Heard learned Advocate for the Applicant and learned Advocate for the Respondents.
2. Raid was conducted in the farmhouse of the present Applicant at Kelghar, Taluka Jawali, District Satara, on 17.03.2021 by the department of the Customs Dapoli Division, Ratnagiri. Two rooms 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 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:-
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 contention is raised even if nothing is found on the body still the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act needs to be complied with in letter and spirit
The main legal point established in the judgment is the presumption of culpable mental state and possession under Section 35 and 54 of the NDPS Act, and the court's reliance on the prosecution's evid....
The prosecution must prove possession of contraband beyond a reasonable doubt, and non-compliance with procedural requirements can undermine evidence integrity.
Compliance with procedural requirements under the NDPS Act, the weight of seized substances, and the impact of the COVID-19 pandemic on bail applications.
Strict compliance with Section 50 of the NDPS Act is required for the search and recovery of narcotic substances, and failure to comply can lead to the invalidation of the seizure.
The judgment establishes that strict adherence to the procedural requirements of the N.D.P.S. Act is essential for the validity of evidence in drug-related cases, particularly the necessity of involv....
Non-compliance with mandatory procedures under the NDPS Act leads to vitiation of conviction, requiring strict adherence to evidence collection protocols.
Point of Law : It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is st....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
