STATE OF UTTARAKHAND Vs. SATPAL

JUDGEMENT

(1.) This is an appeal against the judgment of acquittal dtd. 22/9/2003 recorded by the learned Additional Sessions Judge, Fast Tract Court, Tehri Garhwal in Special Sessions Trial No.07 of 2000. The sole respondent was charged under Sec. 20/21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act" for brevity) for having been in possession of 70 grams of contraband substance (charas).

(2.) The case of the prosecution, in short, is that on 8/5/2000, when the police party was in patrolling duty under the leadership of the Station House Officer, Muni-ki-Reti, namely Mr. Vinod Chauhan, got information from the police informer that two persons carrying smack and charas were to reach the bus parking, Kailash Gate. Then the police party proceeded to the spot and apprehended the respondent. On his personal search, the police party found 70 grams of charas from his possession. However, no smack was found. Thereafter, the Investigating Officer started investigation, and after completion of the investigation, he submitted the charge-sheet. The prosecution examined four witnesses in this case, and relied upon several exhibits.

(3.) In the course of trial, the defence took the plea that there has been non-compliance of Sec. 50 of the NDPS Act in the sense that the personal search of respondent was conducted in the presence of an officer of the police department of the rank of Deputy Superintendent of Police, but the respondent was never informed about his rights to be searched either before the Magistrate, or before the Gazetted Officer. Simply the Gazetted Officer was called, and the personal search of the respondent was undertaken. The learned Additional Sessions Judge held that the respondent has a right to be informed about his option either to be searched before the Magistrate, or before the Gazetted Officer, and that having not done so, there is a violation of the provisions of Sec. 50 of the NDPS Act. The provisions of Sec. 50 of the NDPS Act are mandatory in nature during the course of investigation and trial, and that he acquitted the respondent for the alleged offence.