MP HC Orders Police To Pay Rs 10 Lakh Compensation To Man Arrested Over Possession Of MDMA Drug Which Turned Out To Be Urea
The Madhya Pradesh High Court has directed the Director General of Police to pay a sum of Rs. ten lakhs to a man for his wrongful confinement in connection with a case of seizure of MDMA which turned out to be Urea.
“Director General of Police is directed to pay a sum of Rs. ten lac to the applicant by way of compensation for his wrongful confinement within a period of two months from today and compliance report to this effect be submitted in the Registry. The Director General of Police is free to recover the aforesaid amount from the erring officials.”, Justice Deepak Kumar Agarwal ordered.
As per the prosecution case, police had allegedly recovered MDMA drugs from the possession of seven persons including the appellant. A total of 720 gms MDMA was seized from these persons. The Appellant and the co-accused were arrested and the sample of MDMA was sent to Central Forensic Science Laboratory, Bhopal.
As per the report of the Central Forensic Science Laboratory, Bhopal, MDMA was not found in the seized samples, however, Urea was detected.
The appellant prayed that besides bail, he should be given adequate compensation because due to wrongful act of the police his personal liberty was violated.
Advocate Sushil Goswami appeared for the appellant-accused whereas PP Pramod Pachauri appeared for the State.
The Court ordered “…this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a personal bond of Rs.500/- (Rs. Five Hundred only) without any surety to the satisfaction of the trial Court, he should be released on bail”
The Court also noted that appellants’ right to personal liberty as guaranteed by Article 21 of the Constitution was violated because of wrongful act of police.
Thus the Court ordered Rs 10 Lakh compensation to be paid to the appellant.
Cause Title- Mohit Tiwari v. State of Madhya Pradesh