A. R. CHUTKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Ali, learned counsel for the applicant and Mr. Chutke, learned APP for non- applicant/State.

(2.) The applicant has been arraigned for the offence punishable under Ss. 8(c), 20(B), 20(C), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred as "the NDPC Act"). The date of the incident is 15/10/2020 and he arrested is on the same day. The charge-sheet has been filed on 11/1/2021.

(3.) Mr. Ali, learned counsel for the applicant contends that before the arrest, since it is claimed that the contraband Ganja was recovered from the person of the accused/applicant, it was mandatory, for the prosecution to demonstrate the compliance with the requirements of Sec. 50 of the NDPS Act. Based upon, the narration and events, as availing on record, it is contended that there is absolutely no compliance of the requirements of Sec. 50 of the NDPS Act. He therefore submits, that the applicant on that count is entitled to bail. Reliance is placed upon the judgment of the Single Bench of this Court in Sholadoye Samuel Joy Vs. The State of Maharashtra, Criminal Bail Application No.2295 of 2021, decided on 20/1/2022, State of Rajasthan Vs. Parmanand, 2014 (5) SCC, 345 (paras 12, 13 and 14), Venugopal Jaj Reddy and others Vs. State of Maharashtra, 2006 ALL MR (Cri) 387 (para 10), Mrs. Parchal @ Zilliza Isuchukwa Vs. The State of Maharashtra, 2000 ALL MR (Cri) 1761 (para 14), Narcotics Central Bureau Vs. Sukh Dev Raj Sodhi, 2011 ALL MR (Cri) 2356 (S.C.) (para 5), Ashok Kumar Sharma Vs. State of Rajasthan, 2013 ALL SCR 859 (paras 8 and 10) and Mr. Yusuji Hinagata Vs. State of Goa and another, 2019 ALL MR (Cri) 4595 (paras 13 to 19) in support of his contentions. Reliance is also placed upon the statements of Bandu Balaji Kusnake (page 94), Narendra Devnath Malode (page 96), Pushpa Pedamondi Gedam (page 98), Pooja Dilip Lanjewar (page 100), Durjan Rama Madavi, Police Constable B.No.2876 (page 102) and Durwas Mahadevrao Bambole, Police Constable B.No.3463 (page 104) in support of the aforesaid contentions. Reliance is also placed upon Sk. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal, 2018 (9) SCC 708.