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Bombay HC grants bail to couple after drug seizure by constable-rank officials

In the bail order, the court stated: "The seizure Panchanama shows no evidence that the search was conducted by an officer superior in rank to a constable. Therefore, prima facie, there appears to be non-compliance with Section 42 of the NDPS Act"

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 Both accused were booked under various sections of the NDPS Act for illegal possession and intent to distribute narcotics. File pic

Both accused were booked under various sections of the NDPS Act for illegal possession and intent to distribute narcotics. File pic

A couple arrested with a commercial quantity of drugs and imprisoned for the past 14 months have been granted bail by the Bombay High Court (HC). The court observed that an officer of a rank higher than a constable did not conduct the search and seizure of the drugs.

In the bail order, the Bombay HC stated: "The seizure Panchanama shows no evidence that the search was conducted by an officer superior in rank to a constable. Therefore, prima facie, there appears to be non-compliance with Section 42 of the NDPS Act. The applicants have been in jail for over a year, and no criminal antecedents exist against them. Given this, the court was inclined to grant bail to the applicants under certain conditions.”

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