TaxTMI 
TaxTMI 
2024 (7) TMI 1821
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....o.48 of 2021 registered with Narcotics Control Bureau, Mumbai Zonal Unit, for offences punishable under Sections 8(c) read with 21(c), 23, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act"). 3. The Applicant was arrested on 9th May 2021 and he is behind bars since then, thereby showing that he has suffered incarceration about three years and two months. 4. The applicant is alleged to have been found in possession of 4 kg. of heroin. It is alleged that the said contraband was found sealed in a bag belonging to the applicant. The applicant was arrested and further investigation and procedure was undertaken. The Chemical Analysis Report shows that the contraband was Heroine. 5....
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....learned Special PP submitted that there is no substance in the contention raised on behalf of the applicant as regards Section 50 of the NDPS Act for the reason that the contraband was recovered from the bag and not from the present applicant. As regards delay in moving the application by respondent No.2, before the Magistrate under Section 52-A of the NDPS Act, it was submitted that there is no specific time limit provided and in the facts of the present case, it could be said that there was sufficient compliance as the application was moved before the Magistrate within reasonable time. It was further submitted that the Panchanama in the present case would show that the contraband was concealed in the bag belonging to the applicant, thereb....
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....ction 52-A of the NDPS Act and delay in moving the application before the Magistrate, the record shows that such an application was moved after the contraband was recovered, as per the Panchanama, from the applicant on 7th May 2021, whereas the application was moved on 6th August 2021, thereby showing that the application was moved before the Magistrate for the first time after a period of three months. In this regard, reliance placed on behalf of the applicant on judgment of Delhi High Court Kashif Vs. Narcotics Control Bureau, by order dated 18th May 2023 in Bail Application No.253 of 2023 and also order passed by this Court in the case of Venkatesh Shiva Permal Vs. The State of Maharashtra dated 23rd January 2024 in Bail Application No.3....
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....in reasonable time. Applying the said position of law, it appears that a prima facie case is made out by the applicant. The delay in the present case appears to have vitiated the mandatory procedure, under Section 52-A of the NDPS Act. 11. The applicant has already remained behind bars for about 3 years and two months. The charge is yet to be framed. This Court is informed that the proceedings are now listed on 16th July 2023 before the concerned Court for framing of charge. The trial would obviously take some time for completion. In these circumstances, the applicant has made out a case for granting him bail. The findings rendered hereinabove would show that the applicant has satisfied the twin requirements of 37 of the NDPS Act as it i....