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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
| Table of Content |
|---|
| 1. arguments posed by both parties (Para 4) |
| 2. legal standards under section 50 of ndps act (Para 6 , 7) |
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
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.
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....
Offering third option of police search under Section 50 NDPS Act, alongside Magistrate or Gazetted Officer, vitiates recovery; strict compliance mandatory, non-compliance plus discrepancies entitle a....
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-....
Non-compliance with Section 50 NDPS Act for personal search renders contraband recovery suspicious and vitiates conviction based thereon, as safeguards are mandatory.
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.
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