SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal, by way of special leave, is directed against order dtd. 6/10/2010 passed by the High Court of Punjab and Haryana at Chandigarh in Crl.Appeal No.885-SB of 1999 whereby the High Court dismissed the appeal filed by the appellant herein.

(2.) Heard learned counsel appearing on behalf of the appellant as also the learned counsel appearing on behalf of the respondent -State.

(3.) Learned counsel for the appellant submitted that the prosecution has not been able to prove the case beyond any reasonable doubt as there was no independent witness in the present case. Learned counsel further submitted that mandatory provisions of Sec. 50 of the Narcotic, Drugs and Psychotropic Substances Act (for short, the NDPS Act') were not complied with and the appellant was neither searched nor told of his right of being searched before the Gazetted Officer or the Magistrate.