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K. SURENDER
Baba Sow Chandekar – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. The petitioners, who are A1, A2, A4 and A8 were arrested by the Sub-Inspector of Nandigam Police Station on 17.01.2022 while the petitioners along with 8 others, were transporting 214 kgs of Ganja in 107 packets. The police seized one Honda car and 55 packets of Ganja each weighing 2 kgs from the 1st petitioner/A1 and one Maruthi car and 40 packets of Ganja each weighing 2 kgs from A2. It is further the case that one packet of ganja was drawn as sample out of the seized contraband from 3 vehicles of which, two vehicles were seized from the possession of these petitioners.
2. The main ground urged by the counsel for the petitioners are that i) there is non compliance of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) as there is no mention of any intimation being given to the superior officer within 72 hours as required; ii) neither remand report nor the complaint indicate about the sampling done in accordance with the Standing Order 1 of 1989 dated 13.06.1989.
3. Learned counsel for the petitioners also relied upon the judgment of Hon’ble Supreme Court in the case of Union of India v. Mohanlal in Criminal Appeal No.652 of 2012,
Standing Orders cannot be flouted and in the absence of substantial compliance of the Standing Orders, adverse inference has to be drawn against the prosecution.
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.
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....
court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty.
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.
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