JAMES KEVIN EDWARD Vs. UNION OF INDIA

JUDGEMENT

(1.) The judgment and order of conviction dtd. 14/7/2023 passed by the Learned Additional Sessions Judge, 6th Court cum Special Court (NDPS Act), Barasat, North 24 Parganas in connection with special case no. N- 07/2018 arising out of the NCB Crime No. 01/NCB/KOL/2018 convicting the appellant under Sec. 21(C) of the NDPS Act, 1985 has been assailed in this appeal mainly on two grounds.

(2.) Learned Counsel of the appellant Mr. Chakraborty has submitted that the provisions under Sec. 50 of Narcotic and Psychotropic substances Act, 1985 (Act, 1985 in short) have not been complied with since the appellant was given an option to be searched in presence of a gazetted officer who was already in the raiding team.

(3.) Mr. Chakraborty has further submitted that the provisions of Sec. 52-A of Act, 1985 were also not complied with by the concerned officers. In support of his contention the learned Counsel of the appellant has relied upon judicial decisions reported in 2024 Supreme (Online) (HC) 2043 Aizul Seikh @ Ajijul Sk. vs. State of West Bengal, 2023 INSC 634 Mangilal vs. State of Madhya Pradesh and 2024 INSC 158 Mohammed Khalid and Another vs. The State of Telangana.