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IN THE HIGH COURT OF HIMACHAL PRADESH
VIVEK SINGH THAKUR, RANJAN SHARMA
State of Himachal Pradesh – Appellant
Versus
Tara Chand – Respondent
JUDGMENT :
Ranjan Sharma, J.
State of Himachal Pradesh, being appellant, has come up in the instant appeal under Section 378 of the Code of Criminal Procedure, assailing the judgment dated 16.03.2015, passed by Learned Special Judge (1), Mandi [HP], in Sessions Trial No 48 of 2010, titled as State of Himachal Pradesh versus Tara Chand, acquitting the Respondent-accused herein, for the offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 [referred to as ‘NDPS Act’ herein], alleging recovery of 450 grams of Cannabis-Charas from his conscious and exclusive possession on 29.03.2010 at about 08:10 a.m. at Kupardhar.
PROSECUTION STORY:
2. Factual matrix, of the prosecution story is, that a police patrolling party headed by PW-9 ASI Orender Singh; PW-1 Constable Ashwani Kumar ; PW-2 HHG Brahma Nand and HHG Baldev had gone in Government vehicle towards Ghatasni, near Kupardhar, at about 08:10 a.m. During patrolling a vehicle, tempo trax, bearing registration No. HP-01 M- 3704, came on the spot, which was full of passengers. The vehicle was stopped by the police for the purposes of checking. On seeing the police party, Respondent-accused who was sitting on the back
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....
Non-compliance with Section 50 of the NDPS Act during the search invalidates the recovery of contraband, leading to acquittal.
Non-compliance with mandatory provisions of Sections 42(2) and 50 of the NDPS Act vitiates the search and recovery, leading to acquittal.
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-....
Compliance with Section 50 of the NDPS Act is mandatory, and failure to adhere to procedural safeguards undermines convictions, particularly in cases with no independent corroboration.
The mandatory requirements under Section 50 of the NDPS Act must be strictly followed to ensure an individual's rights during searches; failure to comply renders any recovery and subsequent convictio....
(1) Provisions of Section 50 of NDPS Act will come into play only in case of personal search of accused - Section 50 does not cover a bag being carried by accused.(2) Search of person of accused - Wh....
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