Case Note & Summary
The appeal was filed by the Narcotics Control Bureau against the acquittal of the respondent for an offence under Section 21 read with Section 8(c) of the NDPS Act. The prosecution alleged that on 9th October 1997, the respondent was found in possession of 1.5 kg of heroin. The trial court acquitted the respondent on the ground that the mandatory provisions of Section 50 of the NDPS Act were not complied with. The High Court examined the evidence and found that the prosecution witnesses gave contradictory statements regarding whether the accused was informed of his right to be searched before a Gazetted Officer or Magistrate. The court held that the acquittal was justified and dismissed the appeal.
Headnote
A) Criminal Law - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50 - Right of Accused to be Searched Before Gazetted Officer or Magistrate - Mandatory Compliance - The prosecution failed to prove that the accused was informed of his right to be searched in the presence of a Gazetted Officer or Magistrate before the search was conducted. The evidence of PW-3 and PW-4 was contradictory and unreliable. Held that non-compliance with Section 50 vitiates the search and seizure, and the conviction cannot be sustained (Paras 10-15).
Issue of Consideration
Whether the acquittal of the respondent under Section 21 read with Section 8(c) of the NDPS Act, 1985 was justified on the ground of non-compliance with Section 50 of the said Act.
Final Decision
Appeal dismissed; acquittal of respondent upheld.
Law Points
- Section 50 NDPS Act
- Right to be searched before Gazetted Officer or Magistrate
- Mandatory compliance
- Illegal search
- Acquittal upheld
