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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RADHAKISHAN AGRAWAL
State of Chhattisgarh, Through Station House Officer – Appellant
Versus
Vikas Yadav, S/o. Gopal Yadav – Respondent
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. This acquittal appeal filed by the Appellant/State arises out of the judgment dated 04.05.2015 passed by the Special Judge under NDPS Act, Durg, C.G. in NDPS Case No.14/2014, whereby the learned trial Court acquitted the accused/respondent herein of the charge under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') on the basis of benefit of doubt.
2. Case of the prosecution, in brief, is that on 16.07.2014, PW-6 Smt. Daya Kurre, In-charge Sub-Inspector, received a secret information from the informant that the respondent, who is travelling in Ahmedabad - Howrah Express (General Coach), is carrying brown sugar for sale in Nagpur. Upon receiving this information, PW-6 Smt. Daya Kurre reduced the same into writing in the Roznamcha Sanha (Ex.P-19). She then summoned witnesses through a constable and proceeded to the spot along with police personnel. At the spot, she apprehended the respondent near the gate of train and informed about the information received by her from informer. In compliance of Section 50 of NDPS Act, a notice (Ex.P-4) was given to the respondent. Thereafter, personal searc
Failure to inform an accused of their rights under Section 50 of the NDPS Act constitutes a violation that can prejudice the accused, resulting in acquittal due to insufficient evidence.
Strict compliance with the provisions of Section 50 of the NDPS Act, particularly in informing the accused of their right to be searched before a Gazetted Officer or Magistrate, is mandatory and non-....
Point of Law : NDPS Act- Section 54 of the NDPS Act arises only if the search and recovery was in strict compliance with the provisions of Section 50 of the NDPS Act.
Section 50 of NDPS Act, 1985 is conditions under which search of persons shall be conducted.
Compliance with mandatory search procedures under the NDPS Act is essential for conviction; failure to adhere invalidates recovery and conviction.
The appellate court cannot overturn an acquittal unless the trial court's view is unreasonable; failure to comply with mandatory provisions of Section 50 of the NDPS Act renders evidence inadmissible....
Non-compliance with mandatory procedural safeguards under Section 50 of the NDPS Act vitiates the prosecution case, entitling the accused to the benefit of doubt.
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