ABDUL RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) THE challenge in the appeal is with regard to conviction entered against the appellant as accused in C. C. No. 45/96 on the II Additional Special Court (II Additional Sessions Court), Ernakulam for the offence under S. 22 of the narcotic Drugs and Psychotropic Substances Act and sentence of rigorous imprisonment for ten years and fine of Rs. 1,00,0007- imposed therefor.

(2.) THE prosecution case that at 3. 35 p. m. on 16-8-1996 the accused was found in possession of 29 ampoules of Tidigesic (Buprenorphine)along with a syringe with needle and three spare needles at the eastern portion of the Azad Road at Kaloor, stands established under the impugned judgment in the light of the evidence of PWs 1 to 10 and Exts. PI to P17 and M. Os. 1 to 7 series.

(3.) POINT No. 1:- In the nature of the contention raised by the appellant it is necessary to quote S. 50 herein:- 50. Conditions under which search of persons shall be conducted (1) When any officer duly authorised under S. 42 is about to search any person under the provisions of S. 41, S. 42 or S. 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted officer of any of the departments mentioned in S. 42 or to the nearest magistrate. (2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-section (1 ). (3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. (4) No female shall be searched by anyone excepting a female.