NDPS Act Case: Bombay High Court Grants Bail as Samples Taken Before Magistrate Not Sent for Chemical Analysis

LI Network

Published on: 31 July 2023 at 11:30 IST

In a recent case concerning the NDPS Act, 1985 (Narcotic Drugs and Psychotropic Substances Act), the Bombay High Court has granted bail to the accused on the grounds that the samples taken before the Magistrate were not sent for chemical analysis.

Justice S.M. Modak, presiding over a Single Bench, acknowledged that he was impressed by one specific argument put forward by the defense.

This argument emphasized that the samples taken before the Learned Magistrate were not subjected to chemical analysis. However, the other arguments, such as the method of sample collection and alleged non-compliance with Section 50 of the act, did not have the same effect on the court’s decision.

The court noted that although the Court of JMFC (Judicial Magistrate First Class) was approached, and samples were drawn during the raid at the accused’s farmhouse, those particular samples were not sent for chemical analysis.

The case stemmed from a raid conducted in 2021 at the applicant’s farmhouse in Kelghar, Taluka Jawali, District Satara, by the Customs Dapoli Division, Ratnagiri. During the search, a plastic bag containing plastic pouches of Ganja was discovered in two rooms. A personal search of the applicant yielded nothing objectionable.

While the respondents argued that the issue of sample analysis could be addressed during the trial, the court disagreed, emphasizing that the evidence collected during the investigation, including the chemical analyzer report, would be crucial during the trial.

The court further highlighted that the contraband seized from the accused was of a commercial quantity, but it lifted the bar under Section 37, leading to the grant of bail. Consequently, the court allowed the applicant’s release on bail on the condition of furnishing a bond of Rs. 50,000/-.

The case emphasizes the significance of proper sample analysis and adherence to legal procedures during investigations related to narcotics offenses under the NDPS Act.

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