SURINDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The appellant challenges his conviction under Section 18 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act'). He has been sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 25,000/-.

(2.) A number of points have been urged before me by learned counsel appearing for the appellant. However, without adverting to the grounds in detail, what I find is that the provisions of Section 50 of the 'Act' have not been complied with. In Vijaysinh Chandubha Jadeja Vs. State of Gujarat, 2011 1 SCC 609, the Court holds:

(3.) From the record I do not find that these mandatory conditions have been complied with as there is no evidence on the record to establish the compliance of Section 50 of the 'NDPS Act'. Ext.PD nowhere mentions that the accused has a legal right and option to be searched either by the police officials, gazetted officers or a Magistrate.