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RAJESH BHARDWAJ
Lakwinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Rajesh Bhardwaj, J.
This appeal has been filed by the appellant impugning the order dated 11.03.2016 whereby the appellant has been convicted by the learned Judge, Special Court, Patiala under Section 18(C) of the NDPS Act and sentenced for 01 month and 04 days and to pay fine of Rs.3,000/-, in default of payment of fine, to undergo further rigorous imprisonment for 07 days.
2. Succinctly, the facts of the prosecution case are that on 21.05.2014, the police party headed by ASI Narinderpal Singh while patrolling, at about 10:30 AM, saw 2-3 persons coming on Scooty who on seeing the police tried to turn back however, while doing, so, the Scooty skidded and they fell down. They were over-powered by the police party. On suspicion, they were apprehended by the police party. On asking, driver of Scooty disclosed his name as Lakhwinder Singh whereas, the person riding pillion disclosed his name as Rajinder Singh. ASI Narinderpal Singh suspecting them to carrying some intoxicant substance gave them an offer to be searched. On reposting confidence in him, their personal search was carried out by him and the search of the right pocket of Lakhwinder Singh (apellant). 200 grams of opiu
Mandatory compliance with Section 50 of the NDPS Act is essential for lawful searches; failure to do so renders convictions unsustainable.
Mandatory compliance with Section 50 of NDPS Act is imperative in cases of search of the body of the accused, and failure to comply renders the recovery of contraband suspect and the conviction unsus....
Strict compliance with Section 50 of the NDPS Act is mandatory for lawful searches; failure invalidates the evidence obtained.
Strict compliance with Section 50 of the NDPS Act is mandatory, and failure to comply vitiates the seizure and consequential conviction.
Compliance with Section 50 of the NDPS Act is mandatory, and failure to adhere to procedural safeguards undermines convictions, particularly in cases with no independent corroboration.
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 of the NDPS Act during the search invalidates the recovery of contraband, leading to acquittal.
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