BHARTI PRADEEP JAGADA Vs. SUBRAMANIAM S. IYER

JUDGEMENT

(1.) Order in Criminal Revision Applications: Heard Mr. Jal Unwala, Senior Advocate, learned Counsel assisted by Mr. Abhishek Mehta, learned advocate for the respective Applicants-

(2.) Though, no formal notice was served to the Respondent- Department but on a request made by the Court he has assisted the Court.

(3.) These Revision Applications arise from a judgement of conviction and order passed by the Competent Court and confirmed by the Appellate Court for an offence under Section 135 of the Customs Act, 1962 (hereinafter referred to as "the Act"). Mr. Unwala, Senior Advocate, learned counsel submitted that the search of respective Applicants- Convicts personally as well as of baggage/luggage were carried out under Section 102 of 'the Act' whereby the prohibited gold as also rough diamonds were found. He has submitted that the provisions of Section 102 of 'the Act' is in pari materia with provisions of Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act"). He has submitted that there is no quarrel on the issue that the provisions of Section 50 of 'NDPS Act' which obliges the officer concerned carrying out the search of a person to inform him of his right to be searched in presence either of a Gazatted of ficer or a Magistrate.