NITHIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed by the sole accused in Crime No.788/2022 of Kannamali Police Station, where he alleged to have committed offences punishable under Ss. 22(b) and 8(C) of the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act' for short hereinafter).

(2.) The prosecution allegation is that at about 5.30 p.m on 17/12/2022 the accused was found in possession of 0.9 gram of MDMA for the purpose of sale against the prohibition contained in the NDPS Act and accordingly he was nabbed and contraband was taken into custody. Pursuant to recovery, crime alleging commission of the above offences was registered.

(3.) While pressing for grant of regular bail, the learned counsel for the petitioner highlighted the progress of the investigation and custody of the petitioner from 17/12/2022. That apart the learned counsel for the petitioner argued that in this matter the mandate of Sec. 50 of the NDPS Act has been violated. It is specifically pointed out that violation of Sec. 50 is noticeable on two aspects. The first point argued is that when search was conducted by the C.I of Police as part of the investigation/detection, a police officer holding the rank of C.I, though he is a gazetted officer was present, and such an officer is not a competent gazetted officer to witness search since the same would offend the mandate of Sec. 50 of the NDPS Act.