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may 2005

Supreme Court of India · 2005-05-06

Md. Malek Mondal vs Pranjal Bardalai & Anr

Citation / case number
AIR 2005 SUPREME COURT 2406
Court
Supreme Court of India
Petitioner
Md. Malek Mondal
Respondent
Pranjal Bardalai & Anr
Author
Tarun Chatterjee
Bench
Tarun Chatterjee

Judgment text excerpt

The Supreme Court upheld the High Court's decision rejecting the petitioner's plea to quash the complaint under Sections 21(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985, emphasizing that the mandatory provisions of Section 42 were not strictly applicable at the initial stage of proceedings. The Court ruled that the prosecution should be allowed to present its case given the serious nature of the allegations, and noted that sufficient material had been collected against the petitioner to justify further proceedings. The Court affirmed the issuance of warrants for the petitioner's arrest, reinforcing the principle that absconding from justice does not warrant quashing of proceedings.

Md. Malek Mondal vs Pranjal Bardalai & Anr · Niyam