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HIGH COURT OF JAMMU AND KASHMIR
MOHAMMAD MANSHA AND OTHERS – Appellant
Versus
NARCOTICS CONTROL BUREAU(NCB) ZONAL UNIT JAMMU – Respondent
JUDGMENT :
RAJESH SEKHRI, J.
01. Since both the petitions trace their origin to the same Crime No. 10/2024 of NCB, Jammu, they are being disposed of by virtue of this common judgment.
02. Petitioners have invoked inherent jurisdiction of this Court primarily for the quashment of charge-sheet; “NCB vs. Mohd. Mansha & Ors.”, pending on the files of learned Principal Sessions, Rajouri, [“the trial court”], and order dated 16.05.2025 vide which they came to be charged for offences under Sections 8/21/25/29/60 NDPS Act. They also seek their liberation on bail.
03. As the prosecution story would unfold, the respondent-NCB, on 16.04.2024, at 1630 hours, received source information that petitioners were on their way to smuggle a huge quantity of Narcotic Drugs in village Solki in Rajouri. Information was reduced into writing and brought to the notice of the Superintendent, NCB Jammu. On the completion of legal formalities, the team same day left for Rajouri, at about 1730 hours. On 17.04.2024, the team reached village Solki at about 1730 hours. They tried to associate independent witnesses, but none acceded to their request. At about 1330 hour, the NCB team intercepted a suspect bike/motorcycl
The court affirmed that under the N.D.P.S. Act, retesting of narcotic samples is permissible when initial tests are inconclusive, provided that the investigating agency follows the established guidel....
When an application is filed seeking retesting, it is obligatory for the Court to see whether it was filed as a delay tactics or whether it is expedient in the interest of justice to afford fair tria....
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 compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
Procedural compliance under the NDPS Act is crucial; failure to adhere to sampling and inventory requirements can undermine the prosecution's case and justify bail.
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