Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXHIBIT - 01
1. Today the matter is taken before this Court in Special Drive for petty
offences. Perused record. The present report is filed against the accused in
respect of an offence punishable under Section 8(c) r/w. 27 of Narcotic
Drugs and Psychotropic Substances Act, 1985.
2. It is alleged that accused consumed contraband in violation of the
Section 8(c) Narcotic Drugs and Psychotropic Substances Act, 1985. The
record shows that allegations are vague. Except bare statement of informant
there is nothing on record in support of allegations. The report of chemical
analyzer is not on record. Rather, it is contended that the articles of
consumption and other evidence is destroyed on the spot. Thus, even
samples are not taken. In such a situation there is no point in proceeding
with the matter and keep it pending further. The basic requirements to prove
the charge are missing, therefore, following order :
ORDER
A. The proceeding stopped under Section 258 of Code of Criminal
Procedure.
B. The accused is / are discharged.
C. Cash surety, if any, deposited shall be refund to the accused, if
claimed within one year from today.
D. After one year the cash surety amount be forfeited to the
Government. Liberty granted to the accused to claim it even after one
year also, by applying to that effect.
BANDRA, MUMBAI (KOMALSING RAJPUT)
DATE : 10.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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