Case Note & Summary
The appellant, Kushal Puri, was convicted by the learned Sessions Judge, Goa, in NDPS Case No.40/2015 for possession of 1.216 kg of charas, a commercial quantity, under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), and sentenced to 10 years rigorous imprisonment and a fine of Rs.1,00,000. The prosecution case was that on 2nd July 2015, a police team headed by PSI Kishor (PW.6) apprehended the appellant at Agarwado Junction, Pernem, Goa, on suspicion. A shoulder bag carried by the appellant was searched, revealing two pieces of sticky substance later identified as charas. The appellant pleaded not guilty, and the prosecution examined six witnesses. The trial court convicted him. In appeal, the appellant's counsel argued that the search of the bag was a personal search under Section 50 of the NDPS Act, and the police failed to inform the appellant of his right to be searched before a Gazetted Officer or Magistrate. The High Court agreed, holding that the search of a bag carried by an accused is a personal search, and non-compliance with Section 50 vitiates the recovery. The court set aside the conviction and sentence, acquitting the appellant. The court also noted that the prosecution did not prove that the appellant was informed of his rights, and the panch witnesses turned hostile. The appeal was allowed.
Headnote
A) Criminal Law - Narcotic Drugs - Section 50 NDPS Act - Personal Search - Search of bag carried by accused is a personal search requiring compliance with Section 50 - The court held that the search of a shoulder bag carried by the accused is akin to a personal search, and the failure to inform the accused of his right to be searched before a Gazetted Officer or Magistrate renders the recovery illegal and the conviction unsustainable (Paras 7-10).
Issue of Consideration
Whether the search of the accused's shoulder bag amounted to a 'personal search' requiring compliance with Section 50 of the NDPS Act, and if non-compliance vitiates the conviction.
Final Decision
The High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges.
Law Points
- Section 50 NDPS Act
- mandatory compliance
- search of bag
- personal search
- right to be informed
- illegal recovery
- acquittal
