IN RE Vs. BISHAL LAMA @ BHAILA LAMA

JUDGEMENT

(1.) THIS Criminal Revision was registered by the Court on its own motion against the order dated 12 -3 -1999 passed by the learned Special Judge, NDPS Act, Gangtok, Sikkim. The accused, Bishal Lama was charged under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for having been found in possession of 23 tablets of Nitrazepam -10 and small amount of Ganja. The learned trial Judge acquitted the accused on the ground that the provision of Section 50 of the NDPS Act had not been complied with while making search on the body of the accused. However, recovery had been made not on account of there having been prior information but because the accused had been arrested in a case under Section 379, IPC. Since the recovery of the scheduled articles was not in pursuance of prior information with respect to those articles, provision of Section 50 did not apply. Even so, the ultimate order of acquittal need not be interfered with since the evidence on record about the seizure is not sufficient to prove the seizure. Accordingly,' the revision is dismissed. Revision dismissed.