SHAM RAMCHANDRA SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail by a person who is alleged to have committed offences punishable under sections 8 (c) read with 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act ).

(2.) THE case against the applicant resulting in the registration of C. R. No. 13 of 1991 by the Narcotics Cell, Ghatkopar Unit, Bombay may be summarised thus :

(3.) THE applicant contends that he innocent and that the record such as it exists indicates a breach of sections 50, 55 and 57 of the NDPS Act. The requirements of the said sections are mandatory and absolute compliance therewith is necessary. Having regard to the violations, the applicant is entitled to bail. The State opposes the bail application and has filed an affidavit of P. I. Pawar to fortify the objections raised by it. Briefly stated, the contention is that there is no breach of the sections mentioned by the applicant in his application. At the hearing of the application Mr. Vakil representing Sham restricts himself to the contention that there has been a breach of section 50 of the Acts as also section 100 of the Code of Criminal Procedure, 1973 (Code) which latter prescribes the conditions under which searches have to be carried out.