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Bombay HC grants bail to couple after drug seizure by constable-rank officials
Updated On: 06 April, 2025 10:30 PM IST | Mumbai | Samiullah Khan
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"

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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