MARI APPA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This and other connected petitions for bail, raise and involve a common question of law as regards the scope and amplitude of Sec. 37 of the Narcotic Drugs and Psycotropic Substances Act 1985 (as amended by Amendment Act No. 2 of 1989) for short hereinafter referred to as the Act.

(2.) Learned counsels on both sides, who include Sarvashri H.S. Oberai, Joshi, and Tiwari for the applicants seeking bail and Shri Khan for the Department of Narcotics and Shri Desai, for the State have forcefully presented their view points. Both agree and rightly so, at this stage, that the factual allegations as made, cannot be disputed; yet Shri Oberai maintained that such procedural lapses on the part of the investigating agency, which would ultimately be materially affecting the prosecution case, would be one such circumstance, which should be taken into consideration by the Court, while reaching the satisfaction that there are reasonable grounds for believing that accused is not guilty of the offence charged or levelled against him.

(3.) Shri Joshi advanced yet another argument, a charge-sheet filed by the officers of the Narcotics Deptt. being a complaint, the allegations made therein, are yet to be inquired into for deciding whether or not there is sufficient ground for proceeding ? Thus relegating the case to the stage of inquiry u/s. 202 Cr. P.C. This argument is based on want of proper and required notifications u/s. 53 of the Act.