HARSH SHAILESH SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two Applicants are seeking their release on bail being arraigned as Accused Nos.4 and 5 in C.R. No.590 of 2021 registered with Igatpuri Police Station, District Nashik, invoking Sections 20, 21, 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( "NDPS Act "). The offence is registered on 27/06/2021, when it is alleged that in a surprise raid conducted in a private bungalow located at Igatpuri, Nashik, the accused persons were found to be in possession of cocaine, ganja, charas and the supporting materials enabling its consumption during the party, which was attended by 27 persons.

(2.) Heard Mr. Ponda, learned senior counsel along with Mr. Rishi Bhuta. The Applications are vehemently opposed by Mr. Kapadnis, learned A.P.P. for the State.

(3.) Mr. Ponda, learned senior counsel for the Applicants would argue that there is no compliance of the mandatory statutory provisions being Sections 42 and 50 of the NDPS Act. It is argued that the Applicants were never apprised of their right to be searched in the presence of a gazetted officer or a Magistrate, which is imperative by Section 50 of the NDPS Act and the non compliance of statutory mandate would vitiate the entire proceedings.