AMINA Vs. C.I. OF EXCISE

JUDGEMENT

(1.) THE novel question that arises for consideration in this case is the scope and ambit of Section 50(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). If the offender is of the fairer sex, should the search too be conducted by a female officer, who is herself competent to make search under Section 42 of the Act ? If not, should the search be supervised or overseen by the authorised male officer ? Should the search be done in strict privacy ? In that case, should the Gazetted Officer or the Magistrate, whose presence might be demanded and secured, should also be a female officer ? These are the various aspects that mainly fall for consideration in the present case.

(2.) THE appellant-Amina, according to the prosecution, was found in possession of 45 grams of ganja made into 22 small packets and concealed inside M.O.1 polythene bag kept at her waist underneath the sari and skirt worn by her when her body was examined by PW. 1-Excise Inspector at about 8.30 a.m. on 10.12.1997 while she was at her residence. The prosecution evidence was accepted by the learned Ist Additional Special Judge for trial of the NDPS Act cases, Ernakulam, and it is the conviction so entered and the sentence of rigorous imprisonment for 2 years and fine of Rs. 20,000/- imposed therefor that are the subject matter of the present case.

(3.) ON the arguments advanced in the case the points that arise for decision are :