Sampling of contraband must be done in accordance with Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Headnote:
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 52-A - SAMPLING OF CONTRABAND - VIOLATION - BAIL GRANTED
Fact of the Case:

The appellant was arrested for alleged possession of contraband. The sampling of the alleged contraband was made in violation of Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Finding of the Court:

The court found that the sampling of the alleged contraband was made in violation of Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, and that this was contrary to the law laid down by the Supreme Court in the case of Union of India v. Mohanlal.
Issues: Whether the sampling of the alleged contraband was made in violation of Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Ratio Decidendi: The court held that the sampling of the alleged contraband was made in violation of Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, and that this was contrary to the law laid down by the Supreme Court in the case of Union of India v. Mohanlal.
Final Decision: The court allowed the appeal and directed the trial court to enlarge the appellant on bail on appropriate terms and conditions.

ORDER

The learned counsel appearing for the respondent- State again seeks time. Time cannot be granted, as it was already granted on the last occasion. Leave granted. Heard the learned counsel appearing for the parties. Prima facie, it appears to us that the sampling of the alleged contraband was made in violation of Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 which is also contrary to the law laid down by this Court in the case of Union of India v. Mohanlal1. The charge-sheet has been already filed. Therefore, a case is made out for enlarging the appellant on bail.

1. (2016) 3 SCC 379 Criminal Appeal @ SLP(Criminal)No.1230/2024 Digitally signed by Anita Malhotra Date: 2024.03.07 17:52:24 IST Reason:

For that purpose, the appellant shall be produced

before the Trial Court within a period of one week from

today. The Trial Court shall enlarge the appellant on

bail on appropriate terms and conditions including the

condition of regularly and punctually attending the Trial

Court and cooperating with the Trial Court for

investigation.

The appeal is accordingly allowed.

Click Here to Read the rest of this document