LAWARANCE DSOUZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner was arrested on 3-5-1990 and is an under-trial prisoner in N. D. P. S. Special Case No. 889 of 1990, for alleged offences u/ S. 8(c) read with Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'N.D.P.S. Act') for having been found in possession of 5 K.Gms. of Brown Sugar on 3-5-1990 during a raid and search carried out by the Officers of the Narcotic Cell on information received by them. Prosecution relies upon the Panchanama of seizure heavily. According to the Petitioner he has been falsely implicated and nothing was found from his possession.

(2.) The Petitioner, inter alia, complains violation of S. 50 of the N.D.P.S. Act. That Section reads:

(3.) It is argued by Mr. Vakil, learned Counsel for the Petitioner, that the Panchanama is rendered unreliable for non-compliance with the provisions of S. 50 and other reasons stated in the Petition and apart from statements of Police Officers, there is no other independent evidence to show involvement of the Petitioner and therefore, he is entitled to be released on bail.