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JYOTSNA REWAL DUA
Sandeep Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
JYOTSNA REWAL DUA, J.
1. The appellant was convicted by the learned Trial Court on 06.09.2011 for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) for possessing approximately 390 Gms. of cannabis. Vide order dated 11.09.2011, he was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 10,000/- with default clauses. The substantive sentence imposed upon the appellant was suspended vide order dated 31.10.2012 passed in this appeal preferred by him.
2. Briefly put, the prosecution case is:
(ii) The police waited at the spot for about 10-15 minutes for associating independent witnesses. Since no one passed, the police officials associated PW-8 HHC Hem Ram and HC Shesh Raj (given up in evidence) in search procedure.
(iii) In presence of above stated witnesse
Section 50 of Act conditions under which search of persons shall be conducted.
Non-compliance with Section 50 NDPS Act for personal search renders contraband recovery suspicious and vitiates conviction based thereon, as safeguards are mandatory.
Non-compliance with Section 50 of the NDPS Act during the search invalidates the recovery of contraband, leading to acquittal.
Section 50 of NDPS Act, 1985 is conditions under which search of persons shall be conducted.
The recovery from the accused's possession was valid, the testimonies of official witnesses were credible, and non-compliance with Section 50 of the NDPS Act did not affect the recovery from the accu....
The court emphasized strict compliance with Section 50 of the NDPS Act, holding that failure to inform the accused of his right to a personal search before a Gazetted Officer or Magistrate invalidate....
Offering third option of police search under Section 50 NDPS Act, alongside Magistrate or Gazetted Officer, vitiates recovery from clothing; combined with procedural doubts and contradictions, mandat....
Non-compliance with mandatory provisions of Sections 42(2) and 50 of the NDPS Act vitiates the search and recovery, leading to acquittal.
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