Back
SUBHASH VIDYARTHI
Ahsan Ahmad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Subhash Vidyarthi J.
1. Heard Sri Ahmad Ali Siddiqui, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 10 of 2022, under Sections 8/22 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station G,R.P. Junction, District Bareilly.
3. The aforesaid case has been registered on the basis of a first information report lodged by an Inspector In-charge on 27.02.2022 alleging that on 26.02.2022, at about 19:09 hours, when he was involved in routine patrolling along with some other police personnel, he received an information from a Mukhbir that three persons were sitting on the station with an intention to sell stolen mobile phones and other stolen articles. Upon the aforesaid information, the police apprehended three persons, including the applicant and it is alleged that both the accused persons stated that they were having alprazolam powder. Thereafter a Deputy Superintendent of Police – Railway, Moradabad was called through a call on his mobile phone and he came on the spot and he conduc
Strict compliance with Section 50 of the NDPS Act is mandatory, and failure to comply vitiates the seizure and consequential conviction.
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 ....
It is imperative on part of police officer to apprise the person intended to be searched of his right under Section 50 of the NDPS Act to be searched only before a Gazetted Officer or a Magistrate.
The Supreme Court clarified that the provisions of Section 50 of the NDPS Act must be strictly complied with, emphasizing the importance of informing suspects of their rights during searches.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
