KAMRUDDIN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C) is directed against the judgment of conviction and order of sentence dtd. 31/7/2017 in SC number 13/2017, passed by Special Court (NDPS) District Central, Tis Hazari Court, Delhi.

(2.) This appeal is being taken up for out of turn hearing for the reason that the maximum sentence awarded to the appellant is 12 years rigorous imprisonment with fine stipulation and in lieu of fine the appellant has to undergo six months further simple imprisonment. As on 29/9/2021, the appellant has already undergone a period of 8 years 2 months 19 days rigorous imprisonment.

(3.) The learned counsel appearing for the appellant/accused submits that he would confine his submissions only to the extent of non-compliance of the provisions of Sec. 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act'). He submitted that the notice under Sec. 50 of the NDPS Act (Ex.PW5/A) clearly indicates that there is a non-compliance with the mandate of Sec. 50 of the NDPS Act resulting in causing serious prejudice to the appellant. He has also placed reliance on Ex. PW5/B to indicate that the personal search of the appellant was conducted; however, the appellant was not informed of his legal right of his personal search in the presence of Gazetted Officer or Magistrate.