BHOOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant was convicted for an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act-for short) vide judgment dated 21.4.2005 passed by the Additional Sessions Judge, Jhajjar. Vide order of the even date, the appellant was sentenced to undergo rigorous imprisonment for a period of nine months with a fine of Rs. 2,000/-. Hence, the present appeal.

(2.) Prosecution case, as noticed by the Additional Sessions Judge, in para Nos. 2 to 5 of its judgment, is reproduced herein below:

(3.) The investigating officer told the accused that the police party suspected him of carrying some narcotic substance. His search was to be conducted. He had a right to get his search effected in the presence of a Magistrate or a Gazetted Officer. A written notice (Ex.PD) under Section 50 of the Act was served upon him. Vide reply (Ex.PD/1), the accused had expressed a desire to get his search effected in the presence of a Gazetted Officer.