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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Kalu Ram @ Chandey Ram – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
Appellant Kalu Ram @ Chandey Ram has preferred the present appeal, under Section 374 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr. P.C.’), read with Section 36-B of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’) against the judgment of conviction and order of sentence dated 3.5.2012, passed by the Court of learned Special Judge (II), Mandi, H.P., (hereinafter referred to as ‘the Trial Court’), in Sessions Trial No. 50 of 2010, titled as, ‘State versus Kalu Ram @ Chandey Ram’.
2. Vide judgment of conviction and order of sentence, as referred to above, the appellant was convicted for the offence, punishable under Section 20(b) (ii)(B) of the NDPS Act and he has been sentenced to undergo rigorous imprisonment, for a period of one year and to pay a fine of Rs. 10,000/-. In default, he has been sentenced further to undergo simple imprisonment, for a period of three months.
3 For the sake of convenience, appellant herein is referred to, in the same manner, in which, he was referred to, by the learned trial Court.
4. Brief facts leading to filing the present petition, as borne out from the rec
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 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....
The mandatory nature of Section 50 of the NDPS Act and the importance of safeguarding the accused's rights were established in the judgment.
(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....
Non-compliance with Section 50 of the NDPS Act during the search invalidates the recovery of contraband, leading to acquittal.
The voluntary waiver of the right to be searched before a Gazetted Officer or Magistrate by the accused allowed the empowered officer to conduct the search without the presence of a Gazetted Officer ....
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