SOMNATH DATTATRAYA KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicant has been arrested on 18/06/2020 in connection with Crime No.186/2020 registered with Naldurg Police Station, Dist. Osmanabad, for the offence punishable under Sec. 8(c), 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He has filed present application under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Heard learned Advocate Mr. S.S. Deshmukh for the applicant and learned APP Mr. N.T. Bhagat for the respondent.

(3.) It has been vehemently submitted on behalf of the applicant that as per the prosecution story, the police had received a secret information that some narcotic drug would be transported, and therefore, it was decided by the police to conduct raid. It has been further stated that one Innova Crysta car bearing registration No.MH-25-AL-9199 was intercepted, in which the present applicant was present and he was along with one Balasaheb Parbat, who was driving the car. Search of the vehicle was taken and it is stated that in all 97.96 k.gs. of Ganja worth Rs.19,59,200.00 was seized from the car. Now, the investigation is over and charge sheet is filed. Perusal of the statements of the witnesses and the documents on record would show that there is absolutely no compliance of Sec. 42 and Sec. 50 of the N.D.P.S. Act. Though contents have been written, yet, they are false and no such opportunity was given to the present applicant to have search of the police persons. There is also no compliance of Standing Order, which is in respect of compliance under Sec. 42 of the N.D.P.S. Act. Taking into consideration the fact that there is absolutely no compliance of the Standing Order No.1 of 1989, which is issued by the Department of Revenue, Ministry of Finance, Government of India. The samples have not been sealed. It goes to the root of the case. The applicant deserves to be released on bail.