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1993 Supreme(Mad) 269

K.SWAMIDURAI, K.VENKATASWAMI
Sundaresan Alias Meganathan Alias Mega – Appellant
Versus
State – Respondent


Appearing Advocates:For the Petitioner:Prof. S. Krishnaswamy, Advocate. For the Respondent: Mr. I. Subramaniam, APP.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The case involves an accused person charged under Section 20(b)(i) of the NDPS Act for possession of Ganja, with the court examining the legality of the arrest, search, and procedural compliance (!) (!) .

  2. The court emphasized that the provisions of Sections 41 to 57 of the NDPS Act are mandatory, and any violation of these provisions can invalidate the prosecution’s case and impact the trial’s legality (!) (!) (!) .

  3. The accused was not informed of the grounds of arrest nor was he taken before a Gazetted Officer or Magistrate as required under the relevant sections, which constitutes a breach of mandatory procedural safeguards (!) (!) (!) (!) .

  4. The seizure of Ganja was allegedly made from the person of the accused, but the respondent's counter affidavit suggests it was seized from the carrier of the bicycle, raising questions about procedural adherence and the legality of the search (!) (!) (!) .

  5. The court held that the violation of procedural safeguards, such as failure to inform the accused of grounds of arrest and failure to record the belief from personal knowledge, renders the arrest illegal and entitles the accused to bail (!) (!) (!) (!) .

  6. The court noted that the provisions of Sections 37 and 50 of the NDPS Act impose restrictions and mandatory procedural requirements on the grant of bail, which must be satisfied, including that the accused is not likely to commit any offence while on bail and that the accused has no previous bad antecedents (!) (!) (!) .

  7. It was observed that procedural violations, such as not recording the grounds


Judgment :-

SWAMIDURAI, J.

The accused in Crime No. 211 of 1993 on the file of the Inspector of Police, R4 Pondy Bassar Police Station, Madras has filed this petition for grant of bail under Section 439 of the Code of Criminal Procedure.

2. The petitioner stands charged for on offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act). The respondent is stated to have seized one kilo and 50 grams of Ganja from the petitioner on 5-3-1993 at about 9.30 p.m. and remanded to judicial custody on 6-3-93 at about 9.00 a.m. for fifteen days. The petitioner submits that the order of remand is illegal and that the entire story of the prosecution is false and fabricated. The case of the petitioner is that after the arrest on 5-3-93 at 9.30 p.m. he was confined in a hotel room and that the petitioner was not informed of the grounds of arrest, nor was he permitted to inform his people or to consult his legal practitioner of is choice. According to the petitioner, all the mandatory procedures prescribed in the NDPS Act were not followed and the petitioner was subjected to untold sorrow. No case has been made out agai





















































































































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