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2016 Supreme(Raj) 1342

PANKAJ BHANDARI
Amba Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : M.L. Bishnoi, B. Ray Bishnoi, Guarav Ratnawat, R.S. Gill
For the Respondents: M.R. Pareek, L.R. Upadhyay, O.P. Rathi

JUDGMENT :

Pankaj Bhandari, J.

The office was directed to permit all lawyers to give list of the cases, which they considered to be under the category, where provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’) have not been complied with, and to list the same. In compliance thereof, these cases have come up before this Court.

2. Counsel for the appellants have placed reliance on Vijaysinh Chandubha Jadeja v. State of Gujarat, AIR 2011 SC 77, wherein the Constitutional Bench of the Hon’ble Apex Court was dealing with the duty cast upon a Magistrate under Section 50 of the NDPS Act. The Apex Court in para 22 concluded as under:

"22. In view of the foregoing discussion, we are of the firm opinion that the object with which right under Section 50 (1) of the NDPS Act, by way of a safeguard, has been conferred on the suspect, viz. to check the misuse of power, to avoid harm to innocent persons and to minimise the allegations of planting or foisting of false cases by the law enforcement agencies, it would be imperative on the part of the empowered officer to apprise the person intended to be searched of his right to























































































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