AMBA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The office was directed to permit all lawyers to give list of the cases, which they considered to be under the category, where provisions of Sec. 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act ') have not been complied with, and to list the same. In compliance thereof, these cases have come up before this Court.

(2.) Counsel for the appellants have placed reliance on Vijaysinh Chandubha Jadeja Vs. State of Gujarat, AIR 2011 SC 77, wherein the Constitutional Bench of the Hon 'ble Apex Court was dealing with the duty cast upon a Magistrate under Sec. 50 of the NDPS Act. The Apex Court in para 22 concluded as under:

(3.) In Dilip Vs. State of M.P., (2007) 1 SCC 450 : (AIR 2007 SC 369), the Apex Court observed that since contraband was recovered from scooter, provisions of Sec. 50 might not have been required to be complied with so far as the search of scooter was concerned, but, keeping in view the fact that the person of the appellants were also searched, it was obligatory on the part of the officers to comply with the provisions of Sec. 50 of the NDPS Act.