Narcotics Drugs and Psychotropic Substances Act,1985 – s.50 – Effect of – Search conducted by Sub-Inspector and not by a Gazetted Officer or Magistrate, recovery of ganja from a polythene bag on a Kanwad carried by appellant – Appellant convicted u/s.20(b)(ii)(c), NDPS Act – Relying on State of Rajasthan v. Parmanand & Anr. [2014] 3 SCR 522 and seeking to expand the scope of the observations made, the appellant contended that the option given to him to get himself searched from the Officer concerned not being part of the statute, the same could not have been offered to him and thus, if the personal search is vitiated by violation of s.50, the recovery madeotherwise also would stand vitiated and thus, cannot be relied upon – Held: Such an extended view cannot be given – Recovery of ganja was from a polythene bag which was being carried on a Kanwad – The recovery was not in person – Relief not granted to the appellant – However, since the appellant had already undergone 10 years of sentence and served about six months in the alternative sentence of one year for non-payment of fine, the sentence of one year against non-payment of fine was substitutedby the sentence of about six months and the appellant was already set free.
State of Rajasthan v. Parmanand & Anr. (2014) 5 SCC
345 : [2014] 3 SCR 522; State of Punjab v. Baldev Singh 1999 (6) SCC 172 : [1999] 3 SCR 977 –
referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.