said to be a primary evidence in
terms of Section 52 A (4) of NDPS Act as well ... ARUL
ARUL VARMA
VARMA Date:
2023.11.07
18:52:10 -
0200
Magistrate u/s 52 A of NDPS Act were not deposited
Section 42 NDPS Act. Further, on 06.08.2021, in
compliance of section 57 NDPS Act ... persons. Moreover, the validation procedure under section 52-A
NDPS Act is just a matter of trial and the same
drawn and is contrary to Sections 52(3) read with Sections
52-A(2) and Section 55 of the Act and it raises serious
doubt ... Act. Therefore, certification
as required under sub-section (3) of Section 52-A of the
NDPS Act
clear
that Section 52-A of the NDPS Act prescribes that upon seizure of
psychotropic substances, the officer shall approach ... Section 52-A of the NDPS Act.
18. In the present case, the sampling of the seized psychotropic substances
was carried
Apex Court that if there is non compliance of Section 52-A NDPS Act then even trial of the case ... bail application, the point with regard to non compliance of Section 52-A NDPS Act, could not be placed before this
application, the legal ground with regard to non compliance of Section 52-A NDPS Act could not be placed before this ... Section 52-A NDPS Act, which is mandatory in nature.
4. He further submitted that applicant is a senior citizen aged
Online 862, the compliance of Section 52-A NDPS Act is necessary. He also placed reliance on the judgment ... Act.
9. As per the law laid down by the Apex Court in case of Mangilal (supra), the provisions of Section 52-A NDPS
Act are mandatory and if samples are drawn at spot then it is a violation of provisions of Section 52-A NDPS Act and on the basis of violation of Section 52-A NDPS Act, entire alleged recovery becomes
legal argument with regard to non compliance of provisions of Section 52-A NDPS Act could not be placed before this ... Magistrate and therefore, there is violation of mandatory provisions of Section 52-A NDPS Act. He further submitted that alongwith
inventory,
as envisaged under Section 52-A of the NDPS Act.
41 Section ... 52-A of the NDPS Act is a very important
of
safeguard, which ensures that the samples are drawn by a