TaxTMI 
TaxTMI 
TaxTMI 
2014 (10) TMI 833
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....opic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act', for brevity). 3. The facts briefly stated are as follows : It is the case of the prosecution that the complainant had received information from the Directorate of Revenue Intelligence, Bangalore on 16-1-2009 to the effect that on 16-1-2009, a Singapore national named Mohammed Ali Abdul Majid had attempted to smuggle Hashish to Hong Kong on a flight from Bangalore on 17/18-1-2009. Accordingly, the complainant along with his team of officers is said to have proceeded to the Bangalore International Airport at Devanahalli and kept vigil about the said information from 17-1-2009. On 19-1-2009, the above said suspect had booked a ticked to travel to Hong Kong from Bangal....
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....stic pouch. A test was conducted on the said substance with the help of narcotic drug detection kit carried by the complainant and it answered to the test for 'hashish', a narcotic drug. The said substance, which weighed about 6.9 kgs was seized on the suspicion that it was 'hashish' and thereafter, further proceedings was taken against the accused in accordance with law. Ultimately, the charges having been framed against the respondent, he had pleaded not guilty and claimed to be tried. 4. The prosecution thereafter, examined 7 witnesses and marked several documents and after examining the accused under Section 313 of Code of Criminal Procedure, 1973, the Court below after hearing both the parties had framed the following points for ....
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....d to consider that Section 43 was attracted and not Sections 41 and 42 of the NDPS Act. The Court proceeded to hold that there was non-compliance with the said provisions and therefore, the proceedings were initiated. It is pointed out from pages 31 to 50 of the judgment that the Court has failed to distinguish the facts of the case as regards the application of Section 43 and also to take into account that Sections 41 and 42 of the NDPS Act were not attracted. The oral evidence on behalf of the complainant has been overlooked. In that, it is on record that the receipt of information by way of fax by the Additional Commissioner viz., PW1 in the evening at 6.00 p.m. on 16-1-2009 from the Directorate of Revenue Intelligence, Bangalore, the qu....
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....urt below is illegal and would have to be set-aside for the following reasons : In that, the court below has accepted the contention of the prosecution that there is no compliance of Section 50 of the NDPS Act. The court below has held that the voluntary statement given under Section 67 of the NDPS Act cannot be said to be involuntary or that it was recorded in coercion. The court has held at Paragraph 34 at page 67 of the judgment that Exhibit P-17 is a voluntary statement given by the accused and it would not go against the prosecution. It has also held in the following terms : "This apart, there is no concrete evidence adduced by the accused to show that Exhibit P-4 mahazar was concocted." Though the court has held that the mahazar wa....
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....suspect. This was a mandatory requirement. It is also to be noticed that in the event that for reasons of urgency, if it was not possible for the Officer to record the said fact immediately, he should at least do so within 72 hours. But, in the present case on hand, it is evident that there is no such record made. Hence, in the light of the decision of the Apex Court, namely the three-judge Bench decision in the case of Karnal Singh v. State of Haryana - 2009 Crl. L.J. 4299, where the legal position is well-settled as regards the mandatory requirement of compliance with the procedure prescribed under Sections 41 and 42 of the NDPS Act and the non-compliance of the same vitiating the said proceedings and this has been followed and applied in....