HIGH COURT SET ASIDE THE ORDER OF SESSION COURT UNDER NDPS ACT

HIGH COURT SET ASIDE THE ORDER OF SESSION COURT UNDER NDPS ACT

14TH DECEMBER 2020

The Delhi High Court set aside an order passed by a Patiala House Court where the accused was charged under NDPS Act for having illegal possession of 704 unlabelled Bupine injections.

The Delhi High Court disposed off the petition against the order passed by the Magistrate and Assistant Session Judge, Patiala House Court and opined that both the orders are bad in law and deserve to be set aside.

The petitioner contended that a search was conducted but nothing incriminating was found on him, it was during the search of the medical store, a carton full of Bupine injections was found right next to the chair where the petitioner sits

The court while agreeing to the contentions of the petitioner held that the officer who submitted the application was neither an officer in-charge of Police Station/SHO nor he is empowered under Section 53 of the NDPS Act and thus contrary to the said notification of Ministry of Finance (Department of Revenue), Government of India.