YOGESH NARAIN DIXIT Vs. SUPERINTENDENT DISTRICT JAIL

JUDGEMENT

(1.) THE fate of this writ petition hinges on the reply to two questions ; firstly as to whether Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 is mandatory and its non-compliance would vitiate the trial; secondly, as to whether the arrest has been made by an officer not duly empowered as enumerated in Sections 41 (2) and 42 (1) of the aforesaid Act would also vitiate the trial.

(2.) BEFORE replying to the questions indicated in the foregoing paragraph, the undisputed facts deserve to be enumerated. It is admitted case of the parties that the arrest was made by a Sub-Inspector of Police who is below the rank of an Inspector of Police. At the time of the arrest, it has been asserted in writ petition that the petitioner was not Informed by the officer alleged to be empowered to make arrest, that as to whether he wanted to be searched either by a Magistrate or a Gazetted Officer.

(3.) IN Luxmi Shanker Gupta and Eleven others v. State reported in 1994 LLJ at page 179. a Full Bench of this court which consisted of three Hon'ble Judges including one amongst us (Hon'ble D. K. Trivedi, J.), this question again cropped up. As per majority, it was indicated in Para 250 of the Order that: