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SUBHASH VIDYARTHI
Pavan Kumar Agrawal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Ankit Agarval Advocate, the learned Counsel for the applicant and Sri Krishna Agarawal Advocate, the learned counsel representing the Central Bureau of Narcotics (which will hereinafter be referred to as ‘C.B.N.’).
2. The instant application has been filed seeking release of the applicant on bail in C.B.N. Case Crime No. 04 of 2021, under Sections 21/22/25/28/30/35 of Narcotic Drugs and Psychotropic Substances Act, 1985 (which will hereinafter be referred to as ‘the Act’), Police Station C.B.N. New Delhi.
3. On 26-10-2021, the officers of C.B.N. had conducted a search at the premises of M/s G. M. Traders and it is alleged that various narcotic and psychotropic drugs were recovered from the premises and the applicant was arrested from the premises.
4. In the affidavit filed in support of the bail application it has been stated that the applicant’s elder brother Lakshman Agrawal holds a license to ‘Sell, Stock, Exhibit or offer for sale, or distribute by wholesale, drugs other than those specified in Schedule C, C (1) and X’ and he is running his medical store in the name and style of ‘M/s G. M. Traders’ and by means of another license, he has been authorised
Section 52-A of the Act, as Disposal of seized narcotic drugs and psychotropic substances.
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.
The admissibility of recoveries made based on an accused person's disclosures, compliance with procedural requirements under the NDPS Act, and the relevance of electronic evidence such as WhatsApp ch....
The court reaffirmed that non-compliance with procedural safeguards under the NDPS Act, particularly Section 52A, does not automatically entitle an accused to bail; the court must still find reasonab....
Seizure of contraband drugs – Even if it is shown that procedure under Section 52A of NDPS Act is not followed, accused does not automatically become entitled to bail as a matter of right.
Cough syrup with Codeine Phosphate below 2.5% concentration, compounded and established in therapeutic practice, excluded from 'manufactured drug' under NDPS Act notification; bail granted post-chall....
Strict adherence to statutory procedures under the NDPS Act is essential; non-compliance can lead to the grant of bail even in serious drug-related offences.
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