Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 21 , Section 50

Acquittal - Appeal - Non-compliance of the mandatory provision - Police party apprehended the appellant and on search, three polythene packets recovered from left side pocket of his shirt containing powder of light brown colour - Sample gave positive test for diacetylmorphine (heroin) - Concerned officer had prior information of the raid; thus, he was expected to be prepared for carrying out his duties of investigation in accordance with the provisions of Section 50 of the Act - Contraband article should be recovered in accordance with the provisions of Section 50 of the Act - Recovery itself shall stand vitiated in law - Accused was not made aware of his right, that he could be searched in the presence of Gazetted Officer or a Magistrate, therefore, non-compliance of the provisions of Section 50 of the Act caused prejudice to the accused, and, amounted to the denial of a fair trial - Supreme Court - Contraband seized as a result of search made in contravention to Section 50 of the Act, cannot be used to fasten the liability of unlawful possession of contraband on the person from whom the contraband had allegedly been seized in an illegal manner - Acquittal order confirmed - Appeal dismissed.

Topic(s)-

Important Decision(s)- NDPS - S. 50 - Concerned officer non-compliance of - Expected to be prepared his duties - Acquittal.