BAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 5.6.2003, vide which the trial Court convicted the appellant under Section 18 of the NDPS Act and sentenced him to undergo RI for 10 years and to pay a fine of Rs. 1,00,000/ -, in default of payment of fine to undergo further RI for 2 years.

(2.) AS per allegations, on 11.6.1998, when the police party headed by Inspector Major Singh, was present near canal bridge in the area of village Khabe Rajputan at about 3 pm, a truck bearing No.KA -01 -8386 being driven by the appellant was seen approaching. The truck was stopped and since the police had suspicion that the appellant might be carrying some narcotic contraband either on his person or on his truck, he was asked whether he wanted to be searched by a police Gazetted Officer or by a Magistrate or by the Inspector himself. On his expressing confidence on the Inspector, search was carried out but nothing was found from his person.

(3.) HOWEVER , 4 kgs of opium was found from the truck. Having charged and convicted and sentenced, the appellant is before this Court. Counsel for the appellant has argued that the search is illegal because it violated the provisions of Section 50 of the NDPS Act (for short "the Act"). As per him, there is no provision under the Act for search specifically by a police Gazetted Officer and under the Act an offer has to be made for search by a Gazetted Officer or a Magistrate. On this score alone, the conviction of the appellant is liable to be set aside.