REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 943 OF 2005

VIJAYSINH CHANDUBHA JADEJA

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APPELLANT (S)

VERSUS

STATE OF GUJARAT

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RESPONDENT (S)

WITH

CRIMINAL APPEAL NO.974 OF 2003 &

CRIMINAL APPEAL NO.1809 OF 2009

J U D G M E N T

D.K. JAIN, J.:

1. The short question arising for consideration in this batch of appeals is

whether Section 50 of the Narcotic Drugs and Psychotropic Substances

Act, 1985 (for short “the NDPS Act”) casts a duty on the empowered

officer to ‘inform’ the suspect of his right to be searched in the presence

of a Gazetted Officer or a Magistrate, if he so desires or whether a mere

enquiry by the said officer as to whether the suspect would like to be

searched in the presence of a Magistrate or a Gazetted Officer can be

said to be due compliance with the mandate of the said Section?

2. When these appeals came up for consideration before a bench of three

Judges, it was noticed that there was a divergence of opinion between

the decisions of this Court in the case of Joseph Fernandez Vs. State

of Goa¹, Prabha Shankar Dubey Vs. State of M.P.² on the one hand

and Krishna Kanwar (Smt) alias Thakuraeen Vs. Stat