NAGULAL Vs. CENTRAL NARCOTICS BUREAU

JUDGEMENT

(1.) APPELLANT herein stands convicted under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") by 6th Additional Sessions Judge, Ujjain (M. P.) by judgment and order passed on 20-8-1998 in Sessions Trial No. 361/1994.

(2.) LEARNED Trial Court framed charges under Section 8/18 of the Act against the appellant and co-accused. They abjured the guilt and they were put to trial. During the pendency of trial, co-accused Abdul Hamid died. Hence, trial proceeded against the appellant alone and after trial; he was convicted under Section 8/18 of the Act. Hence, appellant has filed this appeal

(3.) CONTENTION of the learned Counsel for the appellant is that prior to the search; appellant was not informed of his right of being searched in the presence of gazetted officer or any Magistrate. Therefore, his conviction under Section 8/18 of the Act is not sustainable in law and deserves to be quashed.