Waheedullah vs State Govt. Of Nct Of Delhi on 27 March, 2025
of a seizure is undoubtedly important under the NDPS Act, given the serious
penal consequences of conviction, it is equally well established that every
procedural lapse cannot, without more, form the basis for the grant of bail.
This Court, in Somdut T Singh Alias Shivam v. Narcotics Control Bureau,
observed that no mandatory time duration is prescribed for compliance with
Section 52A of the NDPS Act. While it is preferable to follow the seizure
procedure at the earliest, any delay in compliance cannot be a sole ground
for granting bail. The Applicant must demonstrate how the procedural
irregularities under Section 52A have caused prejudice to his case. At this
stage, they do not, in the opinion of this Court, constitute valid grounds to
undermine the prima facie case established against the Applicant, or to
justify the grant of bail in a case involving commercial quantity of Heroin.
Discrepancy in the weight of the seized samples