31 C
Noida
Sunday, September 20, 2020
Want create site? Find Free WordPress Themes and plugins.

SC rules S 50 of NDPS Act not applicable to search of bag of accused

Want create site? Find Free WordPress Themes and plugins.

New Delhi: The Supreme Court has burrowed through the labyrinth that Section 50 of the NDPS Act is and ruled that the section was applicable only in the case of personal search. The section has been argued before courts before and in this particular case the search was of a bag and not the person concerned – a priest – hence the special part of the section in which the accused has to be produced before a gazetted officer or a magistrate was not applicable.

The court affirmed the conviction of the accused in this case. The accused had argued that those special accents of the section were not adhered to while the search was being carried out of contraband.

Narcotic Drugs and Psychotropic Substances Act

The accused complained that the samples were handed over to an officer who then gave it to another officer for carrying it to the Central Laboratory in Delhi. The accused said that the seals were removed by the Director and as such the chances of tampering with the contents of the bag could not be ruled out. That made the case of the prosecution unnatural and improbable, argued the accused. 

The trial court had acquitted the accused on this ground. The high court later set aside that acquittal and had convicted the accused.

The bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah referred to a three judge bench judgment in State of H.P. v. Pawan Kumar which considered the issue whether the search of any “person” would also apply to any bag, briefcase etc being carried by him.

That judgment said:

“As rightly held by the High Court, this Court in the case of State of H.P. v. Pawan Kumar has held that Section 50 of the NDPS Act is applicable only in the case of personal search, as such, there is no basis for the findings recorded by the trial court that there was non-compliance of provision under Section 50 of the NDPS Act.”

Read Also: SC allows 2-day interim bail for man to marry fiancé

In this case the bag was on the counter of a dhaba which was constructed on the land owned by the wife of the accused, near the temple where he was priest. Caras was recovered from the gunny bag. What was established was that accused not only had direct physical control over charas, he also had the knowledge of its presence and character, the court observed.

Considering this and other evidences and rulings, the top court upheld the high court’s judgment.

Read the order here;

9305_2013_35_1502_23965_Judgement_15-Sep-2020

-India Legal Bureau

Did you find apk for android? You can find new Free Android Games and apps.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

News Update

PIL filed in SC seeking uniform ground of succession and inheritance

A Public Interest Litigation has been filed in the Supreme Court seeking removal of anomalies in the ground of succession and inheritance...

War of Words

Lok Sabha Speaker Om Birla’s directive to chairpersons of parliamentary panels not to take up issues for examination which are pending in...

NCB: Another Sledgehammer?

Ever since the arrest of Rhea Chakraborty by this narcotics agency, curiosity has mounted about its role, powers and use as another...

BCI writes to Madras High Court CJ, judges asking for a recall of rules set for designating Senior Advocates

New Delhi: The Bar Council of India (BCI) yesterday wrote to the Chief Justice and his companion judges of Madras High Court...

Laws related to drug abuse

A comparison of Indian laws versus European, American, and Middle Eastern regarding punishment of marijuana users and pushers and sellers shows startling...
Did you find apk for android? You can find new Free Android Games and apps.