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Superintendent, Narcotics Central ... vs R. Paulsamy on 30 March, 2000

To Counter the contention of the learned counsel for the petitioner that the conditions laid down in section 50 of the N.D.P.S. Act was not complied with at the time of search of the petitioner; Learned Special P.P. appearing for the Narcotics Control Board, also relied upon the judgment of Supdt. Narcotics Central Bureau, Chennai v. R. Paulsamy reported in 2001 CRI. L.J. 117 rendered by the Hon'ble Supreme Court wherein it has been held that : Compliance of Ss. 52 and 57 is matter which could be established only at the trial and could not be prejudged at the stage of consideration for bail. It is also submitted by the learned Special P.P. appearing for the Narcotics Control Bureau that in his statement recorded under section 67 of the NDPS Act the petitioner has admitted his complicity in the offence and a prayer has been made by the Narcotics Control Bureau for custodial interrogation of the petitioner in the jail premises for verification of the photographs and addresses of the co-accused persons. Hence, it is submitted by the learned Special P.P. appearing for the Narcotics Control Bureau the petitioner ought not to be admitted to bail.
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