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N. S. SHEKHAWAT
Bhim Nath – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
N.S. SHEKHAWAT, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment of conviction and order of sentence dated 21.09.2010, passed by learned Special Court, Ferozepur, whereby the present appellant was convicted for the offence punishable under Section-18 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the “Act”) and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.100000/- along with default stipulation, the appellant has preferred the present appeal before this Court.
2. Shorn of unnecessary details, the prosecution story, as it emanates from the report under Section 173 Cr.P.C. is that on 07.04.2008, Amritpal Singh, SI along with other police officials were going towards railway station from Ghumiar Mandi. The police party reached Peer Baba Dargaha and the accused was seen coming from the opposite side carrying a black bag in his right hand. However, on seeing the police party, the accused became nervous and turned towards his left side. The police party also got suspicious and stopped its vehicle. Amritpal Singh, SI apprehended the accused with the help of other police
The recovery from the accused's possession was valid, the testimonies of official witnesses were credible, and non-compliance with Section 50 of the NDPS Act did not affect the recovery from the accu....
(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....
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....
Non-compliance with Section 50 NDPS Act for personal search renders contraband recovery suspicious and vitiates conviction based thereon, as safeguards are mandatory.
Mandatory compliance with Section 50 of the NDPS Act is essential for lawful searches; failure to do so renders convictions unsustainable.
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