2025 (4) TMI 2157

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....ions 8(c), 22(c) & 29 of the Narcotic Drug and Psychotropic Substances Act, 1985 (for short "NDPS Act"). 3. Prima facie clear transgression of the provisions of Section 42 read with Section 50 of the NDPS Act are seen in the present case. When the Applicant was apprehended, he was given appraisal letter which is appended at page No. 50 of the Application. The appraisal letter itself which is written in Marathi prefixes the word "न्याय" before the word "दंडाधिकारी" (Magistrate). What is contemplated under Section 50 is a right to be appraised to the person who is about to be searched to be taken before the nearest Magistrate or Gazetted Officer and n....

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....leged contraband. However, prima facie, the requisite testing has not been conducted in the present case. That apart, it is observed that pursuant to recovery of the alleged contraband, prosecution officers have mixed the substance recovered from four different zip pouches and thereafter weighed them together, which is impermissible under the law. 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 Subhash Chavan v. The State of Maharashtra [Order dated 04.03.2025 in Bail Application Nos. 2818/2024 & 3832/2024]. 4. In view of the above, the case of seizure of the prosecution prima facie stands vitiated for not complying with the mandatory provi....