MUHAMMAED SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) This jail appeal is filed by the accused in SC 83/2016 on the files of the of Special Court (NDPS Act Cases) , Vatakara.

(2.) When this appeal came up for hearing, Advocate Sri. P.P. Padmalayan appearing for the appellant as State Brief posed a pertinent question before this court that in compliance of Section 50 of the NDPS Act, when the presence of a gazetted officer was demanded and on the same a gazetted officer was brought in and a personal search was conducted, whether non-examination of the said gazetted officer will be fatal to the prosecution.

(3.) The facts shorn of unnecessary details are as follows: