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PANKAJ BHATIA
Wahid Ali – Appellant
Versus
Narcotics Control Bureau Lucknow – Respondent
JUDGMENT :
1. Heard learned counsel for the applicant and Shri Akhilesh Kumar Awasthi, learned counsel for the and perused the record.
2. The accused-applicant, who alleges that he was the driver of the vehicle in question, seeks bail in Case Crime No.29 of 2021 under section 8/21/25/29 N.D.P.S. Act, P.S. - N.C.B. Lucknow, District-Lucknow.
3. From the documents on record, it appears that on 12.07.2021, a search was carried out based upon the information received from the informers that huge quantity of drug is being transported. From the search memo, which is on record indicates that on receiving the said information, the team of the Narotics Control Bureau, Lucknow reached Chauka Ghat Railway Crossing and on their call the police team of the Police Station-Ram Nagar also arrived. The memo also records in terms of the information received, at about 10:15 P.M., one Honda WRV Car was passing which was stopped and in the said car, two persons were sitting who are Mohammad Imran and Wahid Ali (applicant). It is further recorded that the said two persons confessed before the team of N.C.B. Lucknow the aforesaid fact of carrying drugs. The memo also records that the N.C.B. team duly inform
The voluntary waiver of the right to be searched before a Gazetted Officer or Magistrate by the accused allowed the empowered officer to conduct the search without the presence of a Gazetted Officer ....
The mandatory nature of Section 50 of the NDPS Act and the importance of safeguarding the accused's rights were established in the judgment.
Strict compliance with Section 50 NDPS Act is mandatory, and any violation of its provisions can lead to the vitiating of recovery and may be a ground for bail.
Point of Law- It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is sta....
Point of Law : It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is st....
The discretionary nature of Section 41, the mandatory compliance of Section 50, and the bar imposed by Section 37 of the NDPS Act.
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