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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
| Table of Content |
|---|
| 1. chance recovery of 450g charas concealed on calf during bus patrol. (Para 1 , 2 , 4) |
| 2. trial court convicted after prosecution evidence and accused denial. (Para 5 , 6) |
| 3. appellant argues s50, s55 non-compliance vitiates conviction. (Para 8 , 9 , 10) |
| 4. prosecution witnesses confirm recovery sans s50 compliance or independents. (Para 12 , 13 , 14 , 15) |
| 5. personal search mandates s50 option to magistrate or gazetted officer. (Para 16 , 17) |
| 6. pre-fir mention in memos doubts spot proceedings genuineness. (Para 18 , 19 , 21 , 22) |
| 7. s50 ndps mandatory; non-compliance renders recovery inadmissible. (Para 23) |
| 8. non-compliance of s50 vitiates conviction; appeal allowed. (Para 24 , 25) |
| 9. accused acquitted; bail bonds discharged. (Para 26 , 27) |
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), Ma
Non-compliance with Section 50 NDPS Act for personal search renders contraband recovery suspicious and vitiates conviction based thereon, as safeguards are mandatory.
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.
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