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The high court noted that prima facie there were doubts about serving notice to the applicant under Section 50 of the Act
The Bombay High Court has recently granted bail to an African man booked for allegedly possessing 4 kg of heroin due to the authorities not following procedural requirements.
A single-judge bench of the high court, comprising Justice Manish Pitale, was hearing an application made by the man booked by the NCB Mumbai Zonal Unit under Sections 8(c) read with 21(c), 23, 28, and 29 of the Narcotic Drugs and Psychotropic Substance Act 1985.
The applicant contended that he was arrested on 9th May 2021 and has been behind bars since then, thereby showing that he has suffered incarceration for about three years and two months.
The Special PP submitted that there is no substance in the contention raised on behalf of the applicant regarding Section 50 of the NDPS Act, as the contraband was recovered from the bag and not from the applicant.
The high court noted that prima facie there were doubts about serving notice to the applicant under Section 50 of the Act.
"..the notice under Section 50 of the NDPS Act, informing the applicant that he a had right to be searched in the presence of a Magistrate or a Gazetted Officer shows that it is signed by the applicant. There are no signatures of Panchas. But when the statements of the Panchas are appreciated, it is found that both the Panchas stated that they had signed the notice in the presence of the Officer when the applicant had signed such notice. Thus, there is discrepancy in the document. This creates doubt and prima facie casts a shadow of doubt as regards the service of notice on applicant," the order reads.
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