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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Sahil – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
Aggrieved by the acquittal of the respondent for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (inshort, “the Act”), the appellant-State has filed the instant appeal.
2. It is not in dispute and is rather specific case of the prosecution that the alleged recovery of 30 grams charas having been wrapped in a newspaper was effected from the left pocket of the jacket of the respondent.
3. It was conceded before the learned trial court that there was non-compliance of Section 50 of the Act and the learned trial court, after taking note of non-compliance of Section 50 of the Act and finding major discrepancies in the prosecution case, acquitted the respondent.
4. In this background, the Court is required to consider the effect of non-compliance of Section 50 of the Act, which reads as under:-
50. Conditions under which search of persons shall be conducted.—(1) When any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to neares
Strict compliance with Section 50 of the NDPS Act is mandatory; failure to inform the suspect of their right to be searched before a Gazetted Officer or Magistrate vitiates the recovery of contraband....
Strict compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act is mandatory; failure to inform the suspect of their rights invalidates the recovery of contraband.
Compliance with Sections 42 and 50 of the NDPS Act is mandatory; failure to adhere to these provisions vitiates the legality of the search and seizure, resulting in inadmissibility of evidence.
Non-compliance with mandatory provisions of Sections 42(2) and 50 of the NDPS Act vitiates the search and recovery, leading to acquittal.
The mandatory requirement under Section 50 of the N.D.P.S. Act to inform a suspect of their right to be searched in the presence of a Gazetted Officer or Magistrate is crucial for ensuring the fairne....
Non-compliance with Section 50 of the NDPS Act during the search invalidates the recovery of contraband, leading to acquittal.
Section 50 would come into play only in the case of a search as distinguished from search of any premises etc.
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-....
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