What is the applicability of Section 50 of the NDPS Act to the search of a bag carried by a person? Does the absence of independent witnesses during a search before a Gazetted Officer vitiate the prosecution under the NDPS Act? What is the principle of parity in sentencing for co-accused under criminal law?

Key Points: - The Supreme Court dismissed the appeal against conviction under Section 20 of the NDPS Act for possession of 500 grams of charas, upholding the High Court and trial court judgments (!) [1000483840007] (!) . - Police patrol party apprehended appellant Ajmer Singh and Randhir Singh near Markanda Bridge; after serving Section 50 notice, they opted for search before DSP (Gazetted Officer), from whose bag 500 grams charas was recovered [1000483840001]. - Section 50 NDPS Act applies only to personal search of a person, not to search of a bag or container carried by the person, as clarified relying on precedents like State of H.P. v. Pawan Kumar [1000483840012][1000483840013][1000483840014] (!) . - Compliance with Section 50 was not required here since the search was of the appellant's bag before DSP, not personal search, rendering the recovery valid [1000483840015]. - Absence of independent witnesses does not vitiate prosecution if prosecution proves serious efforts were made to procure them but none agreed, and official witnesses' testimony is reliable [1000483840015] (!) . - Delay of 15 days in sending sample to FSL was explained, sample received intact with no tampering, supporting conviction [1000483840006]. - Principle of parity in sentencing applies to co-accused in the same offence tried together with similar circumstances; it does not extend to separately tried individuals even if apprehended together [1000483840017][1000483840018][1000483840021] (!) . - Randhir Singh, apprehended same day, was tried separately under different FIR and had sentence reduced in separate appeal, so no parity applicable to appellant [1000483840021]. - Appellant sentenced to 10 years RI and Rs.1 lakh fine upheld, as prosecution proved conscious possession of commercial quantity charas without license beyond reasonable doubt [1000483840004] (!) .

What is the applicability of Section 50 of the NDPS Act to the search of a bag carried by a person?

Does the absence of independent witnesses during a search before a Gazetted Officer vitiate the prosecution under the NDPS Act?

What is the principle of parity in sentencing for co-accused under criminal law?