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.