Tribune News Service
Chandigarh, September 10
The Punjab and Haryana High Court has noticed serious lapses in the alleged recovery of contraband from an accused and non-compliance of mandatory provisions. The Bench also dubbed it “altogether absurd” a contention raised by the state to justify the same.
The assertions came as Justice Sudip Ahluwalia granted bail to the accused in a case alleging recovery of contraband commercial quantity. The accused was seeking regular bail in FIR registered on September 1, 2019, under the provisions of the NDPS Act at a Sultanpur Lodhi police station in Kapurthala.
The Bench was told that contraband in the form of 1 kg heroin was allegedly recovered from the petitioner. Justice Ahluwalia asserted compliance under Section 50 of the NDPS Act was not even attempted. The petitioner was not given an option to have himself searched before a magistrate or gazetted officer as provided under the statute before the recovery was carried out from him.
The explanation on the state’s behalf was that Section 50 was not required to be complied with, since the recovery was not made from the accused, but from the “ground” where he had allegedly thrown the shoulder bag that he was carrying.
Justice Ahluwalia asserted the contention raised on the state’s behalf was “out and out incorrect and totally inconsistent with the explicit statement of the complainant in the original FIR itself”. It was stated that the recovery was made after the petitioner picked up his shoulder bag containing the contraband with his right hand. He walked up to the spot where he had thrown the bag and produced it before the complainant/SHO stating that it contained heroin. “It would altogether be absurd to raise a contention that the recovery was made from the ground and not from the person,” Justice Ahluwalia added.
HC flags lapses in ‘recovery’ of contraband; accused gets bail
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