BALUBHAI NATHALAL BHARADA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The above appeal has been filed by the accused in NDPS Special Case No. 412 of 1996 who stood convicted for an offence u/s. 8(c) read with Sec. 21 of the NDPS Act, 1985 (hereinafter referred to as "the Act") with a sentence of 10 years' rigorous imprisonment, in addition to the imposition of a fine of Rs. 1,00,000.00 in default of payment of which, to undergo a further sentence of six months. Accused 2 was acquitted even by the learned trial Judge. The appellant pursued the matter before the High Court and could not succeed, resulting in the filing of the above appeal.

(2.) Mr R.K. Kaura, the learned amicus curiae appearing for the appellant reiterated the contention which could not meet the acceptance of the courts below that there had been gross violation of Sec. 50 of the NDPS Act, in that the appellant was not apprised of his right to be searched before a Magistrate or a gazetted officer. It was also urged by the learned counsel that there was misrepresentation about PW 4 being himself a gazetted officer, though, it turned out to be that he was only a Sub-Inspector and that all these vitiating circumstances render the conviction illegal and unsustainable.

(3.) The learned counsel appearing for the respondent State, while adopting the reasoning of the courts below vehemently contended that there has been sufficient and proper compliance with the provisions of Sec. 50 of the NDPS Act. Consequently, no interference is called for.