AMINA Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) The novel question that arises for consideration in this case is the scope and ambit of S.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 S.42 of the Act If not, should the search be supervised or over seen 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 1st Additional Special Judge for trial of 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.) Sri. T. G. Rajendran, who argued the case of the appellant, submitted that the conviction is unsustainable firstly because the search made in the case is violative of S.50(4) of the Act and also in violation of all sense of propriety and decency. It is also argued that there is violation of the provisions of S.42(2) of the Act which entitles the accused to get an acquittal.