LATOOR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 29th of August, 1990 passed by the Sessions Judge, Guna, convicting the appellant under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act and sentencing him to ten years' R. I. and a fine of Rs. One Lac, in defaultes, to further R.I. of one year.

(2.) THE brief facts are that at the time of incident on 17th October, 1989, it was alleged that certain amount of opium was recovered from the appellant. He was prosecuted. Charges were framed and evidence was recorded by the trial Court, the learned trial Court, after assessing the evidence on record, came to the conclusion that the accused was guilty for the offence under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act. The appellant was accordingly, convicted and sentenced, as indicated above.

(3.) IN this particular case, the compliance of Section 50 of the N.D.P.S. Act has not been made as the searching officer did not inform the accused that he was entitled to be searched before a Gazetted Police Officer or a Magistrate. There is absolutly no evidence on record, on this point that the accused was ever informed about his right under Section 50 of the Act. Therefore, in view of the law laid down by the Supreme Court in the case referred above, the compliance of Section 50, which is mandatory, is not proved on record and, therefore, the conviction and sentence recorded by the trial Court against the appellant must be set aside.