RAGHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal impugns the judgment and order of the High Court of Punjab and Haryana. It comes to be heard by a bench of three Judges by reason of the fact that an order was made on 8th January, 1996, in that behalf, having regard to the fact that the question was found to be of importance, namely, whether a person to be searched under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') has a right to be given an option of being searched either by a Gazetted Officer or by a Magistrate.

(3.) On 1st May, 1991, a policy party, led by the Station House Officer, Jakhal, upon information received, conducted a raid on the harvesting floor of the accused near village Puran Majra. The accused was found holding a bag in his hand. He was given the option of being searched by the said police officer or before a Gazetted Officer. The accused opted to be searched before a Gazetted Officer. He was then searched in the presence of a Gazetted Officer and the bag he was carrying was found to contain opium. He was charged with an offence punishable under the Act and tried. The evidence of the prosecution was accepted. The trial judge convicted the accused of the offence punishable under Section 18 of the said Act and he was sentenced to undergo rigorous imprisonment for a term of ten years. The High Court, by the order that is impugned before us, upheld the conviction and sentence. It noted that the appellant had contended that the provisions of Section 50 had not been complied with, but it found that the evidence showed that he had been asked whether he wanted to be searched before a Gazetted Officer and, when he expressed that desire, he was so searched. The conviction and sentence was affirmed.