NABEESA BEEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The question that arises in this case is whether the mere presence of a Gazetted Officer, who had accompanied the seizing official with regard to the detention of an offence under the NDPS Act, would amount to sufficient compliance with S.50 of the NDPS Act in the matter of search and seizure

(2.) The present appeal is from the judgment of the Sessions Court, Kollam, (Special Court for trial of the NDPS Act, Cases), convicting the appellants herein, who are wife and husband, of the offence under S.20(b)(i) of the NDPS Act on the ground that on 17.11.1997 at about 7.15 p.m. they were found in possession of 20 grams and 28 grams respectively of ganja when approached by P.W. 11, who was the Sub Inspector of Police of Punalur Police Station.

(3.) The learned counsel for the appellants submitted that there is violation of S.50 of the NDPS Act and that the appellants are therefore entitled to get an acquittal.