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SURESHWAR THAKUR, SUDEEPTI SHARMA
Ravinder @ Ravi @ Ravinder Pal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. Sureshwar Thakur, J.:- Since a common question of law involves in both the petitions (supra), therefore, the said question of law is amenable to be answered through a common verdict being made thereons.
2. The present reference becomes generated from the order pronounced by this Court on 4.8.2021 upon CRM-M-26565-2021 and another connected case (supra), wherebys the petitioners were granted regular bail. However, while disposing of the above petitions, the learned co-ordinate Bench of this Court has passed the following order:
The court ruled that once an accused is informed of their rights under Section 50 of the NDPS Act by the investigating officer, no further consent is required from a Gazetted Officer or Magistrate fo....
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 ....
Non-compliance with Section 50 of the NDPS Act during the search invalidates the recovery of contraband, 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....
Strict compliance with Section 50 of the NDPS Act is mandatory, and failure to comply vitiates the seizure and consequential conviction.
It is an archaic notion that actions of police officer should be approached with initial distrust. It is time now to start placing at least initial trust on actions and documents made by police. At 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-....
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