Bombay HC: The court must release accused prosecuted for an offence under NDPS Act if there is non compliance of S 36A of NDPS Act

[Educator]

Section 36A which is in pari-materia to variousSections in the special statutes like Section 21(2)(b) of MCOCAct and Section 20(4)((b)(d) of the (The) Terrorist andDistuptive Activities (Prevention) ACT, 1987 and Section 49(2)(b) of the The Prevention of Terrorism Act, 2002 (POTA).On reading of the said proviso appended to sub-section 4 ofSection 36A of NDPS Act, it can be clearly discerned that