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SACHIN SINGH RAJPUT
Lavi Kumar S/o. Sanjeev Kumar – Appellant
Versus
State of Chhattisgarh, Through Station House Officer, Police Station Borai, Dhamtari Chhattisgarh – Respondent
ORDER :
1. The applicants have been arrested in connection with Crime No.09/2022 registered at Police Station – Borai, District – Dhamtari (CG) for alleged commission of offences under Section 20 (B) of Narcotics Drugs and Psychotropic Substance Act, 1985 {for short NDPS Act}.
2. Case of the prosecution in brief is that on 01/04/2022 while on duty at check post barrier, while checking the vehicles, the applicants were found carrying 27 packets weighing about 90.800 kgs of contraband (ganja) in white colour Mahindra XUV vehicle bearing registration number UP 12 BF 4632. After primary checking at the check post, the applicants were taken into custody and thereby offence as stated above was registered against them.
3. Learned senior counsel for the appellant submits that there are 3 accused persons arrested in the aforesaid offence. Two of them namely Lavi Kumar and Gaurav Rathi are before this Court seeking for grant of regular bail. He submits that though alleged seizure of contraband is in the commercial quantity, however, investigation is complete, charge sheet has already been filed, the applicants are in jail since 01/04/2022 and trial has not concluded yet. He submits that during
The importance of compliance with the Standing Orders for sampling procedure under the NDPS Act and the need to consider reasonable grounds for granting bail in cases involving the liberty of the per....
The court held that the procedure adopted with respect to contraband in the present case is not defective in nature at this stage and that the applicant will get ample opportunity to show that the sa....
Non-compliance with the sampling procedure may affect the prosecution's case, but the final determination of the sampling's validity should be made during the trial.
Non-compliance with procedural rules does not automatically render actions null and void, and the prosecution must prove the guilt of the accused beyond reasonable doubt.
Bail cannot be granted in drug offences unless the stringent conditions of Section 37 of the NDPS Act are satisfied, regardless of procedural claims.
Section 52-A of the Act, as Disposal of seized narcotic drugs and psychotropic substances.
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