2023 (7) TMI 1486

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....Customs Dapoli Division, Ratnagiri. Two rooms were searched and in one plastic bag containing plastic pouches were found which consists of Ganja. His personal search was also taken but nothing objectionable was found. Samples were drawn at the spot marked at Exh. Nos. A1 to L1. Second samples 3. BA 4125 of 2021.doc were also taken from those gani bags. The Applicant came to be arrested. Complaint was filed before the learned Special Judge, NDPS Satara. 3. Learned Advocate for the Applicant made following submissions:- a) There is non-compliance of the provisions of the Section 50 of the Narcotic Drugs and Psychotropic Substances Act. b) Page no. 28 is the notice. It does not mention about the right of the accused to ....

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....t. Shri J. M. Bhoite, Superintendent of Customs was present and he posed himself as Gazetted officer. He belongs to the department and cannot be said to be an independent officer. i) Even if nothing is found with the present Applicant, Section 50 is mandatory. This was view taken in case of Sanjeev and Anr. Vs. State of Himachal Pradesh [2022 LiveLaw (SC) 267] j) Even though search was taken in the farm house, entire procedure of seizure and taking samples was undertaken in the office of the Customs at Dapoli. This is clear violation. It is observed by learned Single Judge in case of Mr. Ravi Raju Mane and Anr. Vs. The State of Maharashtra, in Bail Application No. 2020 of 2017, decided on 10/11/2017. 4. As against this,....

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....te on page no. 128 but fact remains that these samples were not sent to the Chemical Analyzer. 9. So it is true that the directions in para no. 31(1) of the observations in case of Union of Indian Vs. Mohanlal (Supra) were not followed. Ultimately when the evidence will be adduced during the trial, there will not be Chemical Analyzer report available on the basis of the analysis done about samples taken before learned Magistrate what will be available is Chemical Analyzer report about samples taken at the spot/office. In case of Simarnjit Singh s. State of Punjab, decided by the Hon'ble Supreme Court in Criminal Appeal No. 1443 of 2023 on 09/05/2023, the Hon'ble Supreme Court has refused to accept analysis done on the basis of the sample....