PRASANT CHOUKSEY Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard. Case diary perused.

(2.) As per prosecution case, on 19.07.2019 upon secret information, police apprehended the present applicant and on being searched 45 bottles (100 ML each) of Cody Bex as also a total of 155 alprazolam strips (2325 Alprazolam tablets) has been recovered from his possession which he was carrying without any valid documents.

(3.) Learned counsel of the applicant has submitted that applicant is a young man and he is an engineer who is working as field executive with a company named Tushar enterprises based at Bhopal. The police has not complied with the provision of section 50 of the Act as required under law. It is settled position of law that non compliance of provision of section 50 of NDPS Act vitiated the entire proceedings. The informant and investigation officer is the same person, therefore any possibility of bias or a predetermined conclusion cannot be ruled out. The applicant is in custody since 19.07.2019. Investigation is over, charge-sheet has been filed. Conclusion of trial will take sufficient long time.