UNION OF INDIA Vs. JASSURAM ALIAS JASRAJ

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) We are satisfied that the mandatory provisions of Section 50 of the Narcotic Drugs psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') were not complied with which entitled the respondents- accused being acquitted. In this case it does not appear that the accused were given any right of their search being conducted in the presence of a Magistrate as well. The High court was therefore justified in acquitting the accused for violation of mandatory provisions of Section 50 of the NDPS Act on that ground alone.

(3.) Questions of law relating to interpretation and applicability of Section 42 or 43, as noticed by the High Court, is left open.