Rajasthan High Court Grants Bail in NDPS Case: Compliance with Section 50 and 52A as Imperative and Mandatory
In a significant ruling, the Rajasthan High Court has granted bail to an accused in a case under the Narcotic Drugs and Psychotropic Substances Act (NDPS), highlighting crucial aspects of legal compliance. The decision by Hon’ble Mr. Justice Kuldeep Mathur, delivered on December 15, 2023, underscored the importance of adhering to Sections 50 and 52A of the NDPS Act in the processes of search and seizure.
In the case [2023:RJ-JD:44013], involving petitioner Raju Lal, arrested under Sections 8/15 of the NDPS Act, the Court observed procedural lapses in the seizure and sampling of the alleged contraband. Justice Mathur emphasized, the provisions of Section 50 are mandatory, pointing out that the accused was not given the option to be searched in the presence of a gazetted officer or a magistrate, as mandated by the Act. This observation marked a critical point in the judgment, underlining the necessity of strict adherence to legal procedures in NDPS cases.
Furthermore, the judgment highlighted non-compliance with Section 52A, which mandates the drawing of samples in the presence of a magistrate. The Court observed that this procedure was not followed, raising questions about the legitimacy of the evidence against the accused. When there is non-compliance of section 52 A of the NDSP Act and where a certification of a Magistrate is lacking, any sampling would not constitute primary evidence, Justice Mathur noted, underscoring the importance of this procedure.
The decision to grant bail was also influenced by the prolonged incarceration of the accused, who had been in custody for over 22 months. The Court balanced the principles of personal liberty with the gravity of the offence, eventually deciding in favor of granting bail. The ruling is a reminder of the judiciary’s role in ensuring that legal procedures are not just formalities but essential safeguards in the administration of justice.
Date of Decision: 15 December 2023
RAJU LAL VS STATE OF RAJASTHAN
