placed on record to show that the officers had participated in the raid.
Besides, the judge said, no officer of ATS or Anti-Narcotic Cell was questioned by the investigating team on the raid and even their statements were not recorded. They were also not examined in the trial to prove that they had raided.
It is also mandatory under NDPS Act to produce the accused in the nearest police station and produce Muddemal (articles seized during the raid) before such police station. This also was not done by the ATS team who had conducted the raid, the judge said.
"No doubt the ATS can raid any place any where including Thane district but they have to comply with the provisions of NDPS Act. As this was not done, the accused was entitled to benefit of doubt and is, therefore, acquitted," the judge noted.