THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO.8225 OF 2023
ORDER:
1. The petitioners, Accused Nos.1 & 2 filed this Criminal Petition seeking bail in S.C.No.53 of 2023 on the file of I Additional District & Sessions Judge-cum-designated Court for the trial of offences under NDPS Act at Malkajgiri, which is the out come of Crime No.319 of 2023 on the file of Pet Bahseerabad Police Station, Medchal Malkajgiri District, registered for the offence under Section 20 (b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act').
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent-State and perused the record.
3. Briefly, the case of the prosecution is that 30 kgs of ganja was seized from the petitioners herein when they were transporting the same in an auto near Suchitra Cross-roads.
4. After following the procedure under the NDPS Act, the samples were drawn and sent for Forensic Science Laboratory analysis. The analysis report revealed that the sample was Ganja, a narcotic drug.
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5. Learned counsel appearing for the petitioners would submit that there is violation in the procedure for the reason of not informing to the superior authorities within 72 hours of the alleged seizure. He relied on the Judgment of Hon'ble Supreme Court in the case of Karnail Singh v. State of Haryana 1. In the said judgment, the Hon'ble Supreme Court held that under Section 42 of the NDPS Act. The time for information is 72 hours. In the present case, since there are no details regarding the information being furnished within 72 hours, there is violation of Section 42 of the Act. Further, Section 52-A of the Act has also been violated since samples were not drawn in the presence of Magistrate.
6. On the other hand, learned Additional Public Prosecutor would submit that information was given within the specified time and also the samples were drawn in the presence of Magistrate. He filed an application that was filed for disposal before the trial Court. In the said application, the learned Magistrate has signed that samples were drawn in his presence on 11.04.2023.
7. The quantity is commercial quantity and prima facie the procedure under Section 52-A of the NDPS Act has been followed. However, whether the information was given to the superior officers 1 (2009) 8 Supreme Court Cases 539 3 within 72 hours is subject matter of trial. No documents are placed to suggest that the information was not provided in accordance with Section 42 of the Act.
8. Since the petitioners are in jail, I Additional District & Sessions Judge-cum-designated Court for the trial of offences under NDPS Act at Malkajgiri is directed to complete trial within a period of four months. In the event of evidence being placed on record, which is in violation of Section 42 of the NDPS Act, the petitioners are entitled to move for bail.
9. With the said observation, the Criminal Petition is dismissed. Miscellaneous applications, pending if any, shall stand closed.
_________________ K.SURENDER, J Date: 08.09.2023 kvs 4 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8225 OF 2023 Dt.08.09.2023 kvs