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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Vikram alias Vicky – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
Aggrieved by the acquittal of the respondent under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short, “the Act”), the appellant-State has filed the instant appeal.
2. Briefly stated, the case of the prosecution is that on 31.3.2010 at about 7.30 P.M., when the police party headed by ASI Bodh Raj was present on the public road near Kainchi Mod Bhava bifurcation, they noticed the accused/respondent coming from Bagipul side and on seeing the police party, he got perplexed and tried to run away from the spot. On suspicion, the respondent was nabbed by the police party and thereafter he was informed by the Investigating Officer that police intended to carry out his personal search. The respondent was apprised about his right to be searched either before a Gazetted Officer or a Magistrate. However, the respondent consented to give his personal search to the police party. Consequently, the Investigating Officer gave his personal search. Thereafter the personal search of respondent was conducted and one white colour cloth was found tied around his waist. The police party opened the said cloth, in which 500 grams charas was al
Non-compliance with mandatory provisions of Sections 42(2) and 50 of the NDPS Act vitiates the search and recovery, leading to acquittal.
Non-compliance with Section 50 of the NDPS Act during the search invalidates the recovery of contraband, leading to acquittal.
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....
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.
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-....
The court upheld the trial court's acquittal of the accused due to significant procedural violations and lack of evidence connecting them to the alleged drug possession.
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