Rave parties matter-Law should be seen to be done Part II

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Does an accused drug addict feel the need for the presence of a Magistrate / Gazetted officer during a search? A written query in this regard and a written reply is a very important point under the N.D.P.S. Act.

Under section 50 if the above point was ignored the accused was bound to be released. But after the amendment to section 54 this number has substantially reduced. Under section 54 if anyone is held for the violation of NDPS, it will be presumed that he has committed the offence.

In Maharashtra at several districts special courts have been set up for trying of Narcotic Substances cases. During the trial the prosecutor and the defense lawyer lay more stress on the technical aspects. This is because this law is of a technical nature.

The arrest of a person for carrying or smuggling drugs is normally on the basis of information received from an informer. Thus FIR, arrest, search, seizure and Panchanama have to be implemented strictly. However on many occasions it is not so .The goods seized in connection with the offences have to be sealed and kept in the godown and the receipt has to be produced in the court. The raiding party is many times unaware about these simple technicalities. Thus it is necessary to give training to the officers handling cases relating to Narcotic substances. When the case is in progress they are expected to meet the Government pleader, preparing a list of witnesses etc is expected. But it is found that the investigating officers are absent during the case. All this leads to acquittal of the accused.

The commonly known Narcotic drugs are Ganja, Brown sugar, Heroin, Charas, Cocaine, Metracolon Powder, Mandrax Tablets, Ecstasy Tablets, Hashish oil, Acetic, Opium, In addition the list of Narcotic drugs is given in Annexure 1 to the Act.

Any production of illegal Narcotic drugs like Ganja, Opium, Charas, Chemical treatment leading to a production of any other substance, farming of such substances, any use, trading, buying international trading, stocking, Importing -exporting is absolutely illegal and liable to severe penalty.

Only the use of Narcotic Substances for medicinal purpose and scientific research after obtaining due permission is allowed.