TaxTMI 
TaxTMI 
2025 (4) TMI 2158
X X X X Extracts X X X X
X X X X Extracts X X X X
....olice Station for the offence under Sections 8(c), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') 3. Applicant is arraigned as Accused No.2 and has been apprehended with 62 grams of Mephedrone (MD). 4. Ms. Chandka, learned Advocate for Applicant has raised two principal grounds. She has drawn my attention to the letter of appraisal which is given under Section 50 of the NDPS Act to the Applicant appended at page No.44 of the Application. The said letter prima facie states that Applicant would have the option of taking search before the nearest न्यायदंडाधिकारी (Magistrate). The said prefixes the word "....
X X X X Extracts X X X X
X X X X Extracts X X X X
....PS Act. There are two discrepancies which are prima facie noted in the certificate, first pertains to drawing of the samples for the purpose of analysis. It is prima facie case that drawing the prescribed samples mandatorily regulates sample size of 5 gram each. The drawing of samples are 3.01, 3.14 gram and 3.00 gram. Such drawing of samples according to the weight which is not prescribed by the Rules is prima facie impermissible and various the transgression of the procedure contemplated under the Narcotics Drug and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. Said action on the part of the prosecution is impermissible in law and has been duly covered by the decision of this Court in the case of Jitendra ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e that complicity of the Applicant shall be proved by the prosecution at the time of trial. 11. Hence, Bail Application is allowed subject to the following terms and conditions: (i) Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (ii) Before his actual release from jail, Applicant shall furnish his address where he proposes to reside after his release from jail to the concerned Police Station and also to the trial Court; (iii) After his release from jail, Applicant shall report to the Investigating Officer as and when called for; (iv) Applicant shall attend the trial Court on first Tuesday of every month between....