Summary:
The Bombay High Court recently set aside a Special Narcotic Drugs and Psychotropic Substances (NDPS) court order releasing two men accused of possessing narcotics after it was informed that the investigating officer never consented to their release. Even the roznama of the court discloses that the investigating officer was not present when this application was moved by the prosecutor. The DRI said the Special Prosecutor inadvertently filed the closure application on that day without considering that the test report confirmed the presence of tramadol NDPS substance. Under such circumstances, the application moved by the prosecutor under section 169 is illegal and so the order passed therein, it should go.” The duo were produced before the Special Judge, NDPS, on October 20..