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1999 Supreme(Mad) 276

B.AKBAR BASHA KHADIRI
Arumugham – Appellant
Versus
State represented by Inspector of Police, Namagiri Pettai Police Station, Namagiri Pettai, Namakkal District. (Crime No. 75 of 99) – Respondent


Advocates:
Mr.P. Tamizh Kumaran Advocate for Petitioner. Mr.M. Babu Muthu Meeran, Government Advocate (Crl. Side) Advocate for Respondent.

Judgment :

1. The petitioner stands charged for offence under section 20(b)(i) of Narcotic Drugs and Psychotropic Substance Act.

2. The case of the prosecution is that on 210. 1999, the petitioner was found in possession of one Kilogram of Ganja. He was arrested on 21. 1999.

3. The learned counsel for the petitioner submits that provisions of Section 42 and 50 of Narcotic Drugs and Psychotropic Substance Act have not been followed.

4. Perused C.D. file. It appears, Sub-Inspector of police of Namagiri Pettai along with his party was patrolling in Chinnakakkveri Vellakkalpatty Road, he came across the petitioner and the petitioner was found in possession of one kilogram of Ganja. It appears, the Sub-Inspector of Police himself arrested the petitioner and seized the Ganja. It cannot be said that the Sub-Inspector of Police had not followed the mandatory provision of Section 42 (2) of Narcotic Drugs and Psychotropic Substance Act, because he has sent the copy the F.I.R. to his Superior Officer. But it is evident that provision of Section 50 of Narcotic Drugs and Psychotropic Substance Act have not been followed. It is obligatory on the police officer to inform the person searched w

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