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 conviction void.

JUDGMENT :

BRIJ RAJ SINGH, J.

1. The instant appeal under Section 374 (2) Cr.P.C. has been filed challenging the judgment and order dated 28.05.1998 passed by IXth Additional District and Sessions Judge, Lucknow (in short “trial Court”) in Criminal Case No. 85 of 1995, under Sections 8 /21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "NDPS Act") Police Station – Narcotics Department, District – Lucknow whereby the appellant has been convicted and sentenced under /21 of NDPS Act for a period of ten years rigorous imprisonment along with the fine of Rs. 1,00,000/- and in default of payment of fine, to undergo additional five years’ rigorous imprisonment.

2. Heard Shri Kunwar Sushant Prakash, learned counsel for the accused-appellant and Sri S. M. Singh Royekwar, learned Counsel for the Union of India/Central Bureau of Narcotics.

3. The case of prosecution, as per material available on record, is that on 27.02.1995, at about 10:00 AM, a secret information was received that one person namely accused- appellant Vinai Kumar Sharma is staying in Room No. 25, Hotel Manisha, Ganesh Ganj, Lucknow, and that he has come from Delhi with the intention to purchase heroin. It was informed that Mohd. Islam @ Farooq Son of Mohd. Shami @ Haroon, resident of Tikra Patti, P.S. Jaidpur, District Barabanki, would bring heroin from his village and deliver the same to accused-appellant Vinai Kumar Sharma in Room No. 25 of Hotel Manisha, and that the monetary transaction would also take place in the said hotel. Believing the information, Rajdhari Singh, Sub-Inspector, Central Narcotics Bureau, Lucknow Camp, Zaidpur (Barabanki), after consulting his seniors at Lucknow, constituted a preventive team led by S.C. Sarkar, Superintendent (Preventive), Barabanki Zaidpur Camp. The team reached Hotel Manisha at about 12:00 noon and inspected the register at the Hotel Counter. They proceeded to Room No. 25 along with two public witnesses. The Room was found locked from inside. Upon knocking, one person opened the door who, on inquiry, disclosed his name as Vinai Kumar Sharma, son of Ram Charan Lal, resident of Room No. 88, Govind Park, Chander Nagar, P.S. Krishna Nagar, Delhi. On being further asked whether anybody else was present in the Room, he stated that another person known to him was also present, whose name is Mohammad Islam, resident of Village Tikra Patti, District Barabanki. Upon being called, the second person came to the door and disclosed his name as Mohd. Islam @ Farooq, son of Mohd. Shami @ Haroon, resident of Village Tikra Patti, P.S. Zaidpur, District Barabanki. Since the names and particulars matched with those given in the secret information, both the persons were informed about the purpose of the visit and were asked whether they wished their personal search and search of the premises to be conducted before a Magistrate or a Gazetted Officer. Both accused-appellant Vinai Kumar Sharma and Mohd. Islam declined and consented to be searched by the preventive team itself. Thereafter, in the presence of witnesses, Rajdhari Singh, Sub- Inspector, and Faiyaz Ahmad along with witnesses, entered the Room and commenced search. During search, a red coloured hand bag was found under the pillow on the bed. On being asked, accused-appellant Vinai Kumar Sharma stated that the bag contained Rs. 23,000/-, which he admitted to be his own money, brought from his home, and that he intended to purchase heroin from Mohd. Islam @ Farooq, present in the Room. He further stated that one packet