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DEEPAK KUMAR AGARWAL
Ajay Singh Dangi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is the third application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first bail and second bail applications were dismissed as withdrawn by this Court by orders dated 13.07.2022 and 07.12.2022 passed in M.Cr.C. No.33559/2022 and 54065/2022 by this Court.
2. Applicant has been arrested on 20/12/2021 by police Station-Malanpur, District- Bhind (M.P.) in connection with Crime No.227/2021 for the offence punishable under Section 8/20 of the NDPS Act .
3. Prosecution story, in short, is that on 20/12/2021, Sub-Inspector-Vinod Singh Kushwaha got an information by the informer that a truck bearing Registration No.MP06-HC-1067 standing at Tilori Road Factory area in which five persons are sitting and the said truck is filled up with Bananas and in the middle of Bananas, plastic bags containing cannabis (Ganja) have been hided. On that information, police officials reached the spot and found the said truck standing there in which applicant- Ajay Dangi and accused Kalyan, Sandeep Sharma, Javed and Golu @ Mukesh Jatav were sitting. After doing formalities, the said truck was searched and 39 plastic bags containing 25 Kg. cannabis (Ganja)
The main legal point established in the judgment is the need for substantial compliance with the guidelines and the mandatory nature of statutory instructions, as well as the criticism of the failure....
The central legal point established in the judgment is the significance of substantial compliance with guidelines and the consequences of non-compliance on the prosecution's case under the NDPS Act.
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.
Improper sample collection in drug cases violates mandatory guidelines, impacting the prosecution's case and justifying bail despite Section 37 restrictions.
Non-compliance with mandatory sampling procedures, as prescribed in the Standing Order, may invoke reasonable doubt and prejudice the accused, influencing the grant of bail.
Improper evidence collection under NDPS Act can lead to bail eligibility despite serious charges, emphasizing adherence to statutory procedures and the right to personal liberty.
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