BABA SOW CHANDEKAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners, who are A1, A2, A4 and A8 were arrested by the Sub-Inspector of Nandigam Police Station on 17/1/2022 while the petitioners along with 8 others, were transporting 214 kgs of Ganja in 107 packets. The police seized one Honda car and 55 packets of Ganja each weighing 2 kgs from the 1st petitioner/A1 and one Maruthi car and 40 packets of Ganja each weighing 2 kgs from A2. It is further the case that one packet of ganja was drawn as sample out of the seized contraband from 3 vehicles of which, two vehicles were seized from the possession of these petitioners.

(2.) The main ground urged by the counsel for the petitioners are that i) there is non compliance of Sec. 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short 'NDPS Act') as there is no mention of any intimation being given to the superior officer within 72 hours as required; ii) neither remand report nor the complaint indicate about the sampling done in accordance with the Standing Order 1 of 1989 dtd. 13/6/1989.

(3.) Learned counsel submits that admittedly, no sampling was done under the supervision of the Magistrate. He also relied upon the judgment of Hon'ble Supreme Court in Noor Aga v. State of Punjab,(2008) 16 Supreme Court Cases 417 particularly, para 91, which reads as follows