OM PRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) Where the accused shown to have been arrested as found in possession of opium but the arrest memo showing recovery of charas, & mandatory provisions of NDPS Act were not complied with & there were overwriting on dates & timings, it is proper case to grant bail.

(2.) The applicant is arrested and detained in Crime No. 1/93 registered at P.S. Mhow pertaining to an offence punishable under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act (For short Act) and by this application, seeks restoration of his liberty on appropriate bail-bond.

(3.) Liberty occupies a place of pride in a free country. Yet it must inevitably suffer an eclipse when it is found to be clashing with the interests of the society. The aforesaid Act is designed to combat the growing menace and as such, has drastic measures. Section 37 of the Act accordingly contains the constraints in matter of bail.