Case Note & Summary
The State of Maharashtra appealed against the judgment and order of acquittal passed by the learned Special Judge, Greater Bombay, in Sessions Case No.198 of 1994 on 13.8.1996, acquitting the respondents (original accused) of offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution case was that on 17.8.1994 around 11.40 p.m., police officers at Nirmal Nagar Police Station received information that the accused persons with bags in their hands were loitering in the area of Golibar Chowk and their behaviour was suspicious. A raid was conducted, panchas were called, and the accused were informed of their rights under the NDPS Act. The accused had no objection to being searched by the police officers. Search was carried out and each accused was found in possession of about 2 Kgs of Charas. The trial court acquitted the accused on the ground that the mandatory provisions of Section 50 of the NDPS Act were not complied with, as the accused were not informed that they had a right to be searched before a gazetted officer or magistrate. The High Court, after reappreciating the evidence, held that the trial court's finding was correct and that the prosecution had failed to prove compliance with Section 50. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50 - Compliance - Mandatory - Search - The prosecution must prove that the accused was informed of his right to be searched before a gazetted officer or magistrate. Failure to do so vitiates the conviction. (Paras 2-4)
B) Criminal Appeal - Acquittal - Interference - Scope - The appellate court will not interfere with an order of acquittal unless it is perverse or based on no evidence. (Para 4)
Issue of Consideration
Whether the trial court was justified in acquitting the accused on the ground of non-compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned Special Judge, Greater Bombay, in Sessions Case No.198 of 1994 on 13.8.1996 is confirmed.
Law Points
- Non-compliance with Section 50 of NDPS Act
- Right to be searched before gazetted officer or magistrate
- Burden of proof on prosecution
- Acquittal upheld
Case Details
2005 LawText (BOM) (08) 35
Criminal Appeal No. 111 of 1997
V.G. Palshikar, R.C. Chavan
Mr. A.M. Shringarpure (APP for the State), Mrs. Daksha M. Shah (Adv. for respondent No.2)
Pyarelal Shridhar Keer and Ulhas Dattatray Khandare
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Nature of Litigation
Appeal against acquittal in a criminal case under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Remedy Sought
The State of Maharashtra sought reversal of the acquittal of the respondents for offences under the NDPS Act.
Filing Reason
The State was aggrieved by the judgment and order of acquittal passed by the learned Special Judge, Greater Bombay, in Sessions Case No.198 of 1994 on 13.8.1996.
Previous Decisions
The trial court acquitted the accused on the ground of non-compliance with Section 50 of the NDPS Act.
Issues
Whether the trial court was justified in acquitting the accused on the ground of non-compliance with Section 50 of the NDPS Act.
Submissions/Arguments
The State argued that the trial court erred in acquitting the accused and that the evidence on record proved compliance with Section 50.
The respondents argued that the prosecution failed to prove that they were informed of their right to be searched before a gazetted officer or magistrate, and thus the acquittal was correct.
Ratio Decidendi
The prosecution must prove compliance with Section 50 of the NDPS Act, which requires that the accused be informed of his right to be searched before a gazetted officer or magistrate. Failure to do so vitiates the conviction, and the appellate court will not interfere with an acquittal unless it is perverse.
Judgment Excerpts
With the assistance of the learned Public Prosecutor for the State and the learned counsel appearing for respondents- original accused we have scrutinized the entire evidence on and reappreciated the same.
The trial court has acquitted the accused on the ground that the mandatory provisions of Section 50 of the NDPS Act were not complied with.
Procedural History
The trial court (Special Judge, Greater Bombay) acquitted the accused in Sessions Case No.198 of 1994 on 13.8.1996. The State appealed to the High Court of Judicature at Bombay, which dismissed the appeal on 9.8.2005.
Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985: 50
