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ARIJIT BANERJEE, PARTHA SARATHI SEN
Joga Ram – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Partha Sarathi Sen, J.) :
1. The instant case as arises out of an application under Section 439 of the Code of Criminal Procedure, 1973, is taken up for passing judgement.
2. In course of hearing learned advocate for the accused-petitioner at the very outset draws our attention to page no.21 and page no.24 of the instant bail application being photocopy of the seizure list dated 03.02.2022 showing recovery of commercial quantity of contraband articles from the possession of the present accused-petitioner and a photocopy of the memo of arrest dated 03.02.2022 in the name of the present accused petitioner. Attention of this Court is also drawn to Section 36 C and Section 37 of the NDPS Act, 1985.
3. It is contended on behalf of the petitioner that on perusal of the aforesaid two sections it would appear that the provisions of Cr.P.C including the provisions of bail and bonds shall apply to the proceedings under the NDPS Act, 1985 and the offences under the aforesaid Act are cognizable in nature. Drawing attention to a photocopy of the seizure list and a photocopy of the memo of arrest as has been annexed with the instant bail application it is contended that in the instant
In cases involving the NDPS Act, strict compliance with statutory safeguards, particularly those related to arrest and seizure procedures, is crucial to ensure the protection of individual rights and....
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The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
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Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
The court emphasized the importance of adhering to procedural requirements in drug seizure cases, ruling that non-compliance can render evidence inadmissible and affect bail decisions.
Procedural compliance under the NDPS Act is crucial; failure to adhere to Section 52A can lead to the inadmissibility of evidence and impact bail decisions.
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