JOYMALYA BAGCHI,J. - (1.) Proceeding in Siliguri Police Station Case No.846 of 2014 dated 24.09.2014 in C.R. (N.D.P.S.) Case No.23 of 2014 pending before the learned Judge, Special Court (N.D.P.S. Act), Siliguri under Section 20(b)(ii)(c )/22 of the N.D.P.S. Act under Section 411/414 of the Indian Penal Code has been assailed.
(2.) The gist of the allegations in the First Information Report is to the effect that on 24.09.2014 at 6.05 hours on the basis of secret information which was diarised, the de-facto complainant and the police officers went to the place of occurrence and apprehended three persons including the petitioner on a red Hero motorcycle on the suspicion that they were carrying on Ganja. Seizure of the contraband was effected and the accused persons including the petitioner were arrested from the spot. The First Information Report was registered and the seized article was sent for chemical examination. It has been averred in the petition that there is non-compliance of sections 42 and 50 of the N.D.P.S. Act in the matter of search and seizure of the contraband articles.
(3.) I find that the charge sheet has been filed in the instant case. Infraction of the aforesaid provisions of law are essentially questions of fact which can be gone into in course of trial. However, proceeding under the Narcotic Drugs and Psychotropic substances Act cannot be questioned on the mere plea of noncompliance of the aforesaid provisions of law (see Md. Malik Mondal v. Pranjal Bardalai, reported in (2005) 10 SCC 608). Suffice it to mention, breach under Section 42/50 of the N.D.P.S. Act simpliciter is not sufficient to quash proceeding at the preliminary stage and the impact of such contravention, if any, is to be tested in the backdrop of the entire evidence led in course of trial.;