(2018)2 SCeJ 1033

 

 

27th April, 2018

 

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 50 - Provisions of Section 50 are mandatory and must be strictly complied with  - Search/recovery made by the police officials from the accused of the alleged contraband (charas)  - Prosecution did not make the search/recovery from the appellant in the presence of a Magistrate or a Gazetted Officer -  Prosecution case that on apprehending the accused, he was informed by the police personnel that he has a legal right to be searched in the presence of a Gazetted Officer or a Magistrate to which the accused replied that he has a faith on the raiding police party and consented to be searched by them - Search and recovery made from the appellant of the alleged contraband “Charas” does not satisfy the mandatory requirements – Conviction set aside -  NDPS Act. 

 

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