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S.S.JADHAV
Yeshwant Vithal Patil – Appellant
Versus
Union of India – Respondent


Advocates:
Counsel for the Parties:
For the Appellant in Apeal/1256/2013 and Application/1527/2015:Mr. Anil G. Lalla a/w Ms. Aanchal Lalla a/w Ms. Hetri Mota i/b. Lalla and Lalla, Advocate
For the Appellant in Apeal/107/2015:Mr. Ayaz Khan, Advocate
For the Appellant in Apeal/696/2013:Mr. Dilip Mishra, Advocate
For the Appellant in Apeal/733/2014, Application/70/2015, Application/1089/2016:Mr. Abhaykumar Apte, appointed Advocate
For the Respondent No.1: Ms. Purnima H. Kantharia, Public Prosecutor
For the Respondents: Mr. S.R. Agarkar, APP

Judgement Key Points

Based on the provided legal document, the case of Shaikh Yunus Shaikh Chanda versus the State of Maharashtra appears to involve issues related to the violation of statutory provisions under the NDPS Act, particularly concerning the procedures for search and seizure, and the rights of the accused during the process (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

The judgment emphasizes that the conviction and sentence cannot be sustained if there is a violation of Section 50 of the NDPS Act, particularly if the accused were not individually apprised of their right to be searched in the presence of a Magistrate or Gazetted Officer (!) (!) . The case also highlights deficiencies in the procedures followed, such as inadequate compliance with statutory requirements for search, seizure, and recording of statements, which could cause prejudice to the accused (!) (!) .

Furthermore, the judgment indicates that the prosecution failed to establish that the search and seizure were conducted in accordance with law, and there were procedural irregularities, including the absence of proper documentation and violations of the rights of the accused (!) (!) (!) .

As a result, the court has quashed the conviction and sentence, and the appellants, including Shaikh Yunus Shaikh Chanda, are entitled to be released if not required in other matters. The order also includes the discharge of bail bonds and the refund of any paid fines (!) (!) (!) (!) .

In summary, the case underscores the importance of strict adherence to procedural safeguards under the NDPS Act, especially regarding individual rights during search and seizure, and the necessity for proper documentation and compliance to uphold conviction (!) (!) (!) (!) .


JUDGMENT

Sadhana S. Jadhav, J.—The appellants herein are convicted for the offences punishable under sections 8(c), r/w section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”). The Accused Nos.1 – Ashok Saglani and Accused No.2 – Yashwant Patil are sentenced to suffer RI for 10 years and fine of Rs.1 Lakh each. Accused Nos.1 and 2 alongwith Accused Nos.3 – Bhima More and Accused No.6 - Chand Shaikh are also convicted for the offence punishable under section 29 r/w section 8(c) and section 20(b)(ii)(C) of NDPS Act to suffer RI for 10 years and fine of Rs.1 Lakh each vide Judgment and Order dated 21st May 2013 passed by the learned Special Judge, N.D.P.S. Act, Thane. Being aggrieved by the said Judgment and Order, the appellants have filed the present appeals. The case of the prosecution in nutshell is as follows:-

On 13th January 2012, PW-4 Mr. Dole, Intelligence Officer received specific information to the effect that the persons named Ashok, Yeshwant and Bhima are travelling in White Colour Tavera Car bearing Registration No. MH-05 AB-7540 and entering through Charoti Toll Naka of IRB and that they have taken delivery of substanti

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