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1 - 10 of 22 (0.31 seconds)Section 21 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 20 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 22 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Prabha Shankar Dubey vs State Of Madhya Pradesh on 2 December, 2003
Applying the principles laid down by the Supreme Court in the above-quoted decisions to the facts of the present case, we find that Section 50 of NDPS Act was completely complied with by Mr. Jani, P.S.I. and there is no breach or violation of the provisions contained in Section 50 of the Act. The evidence of P.S.I. Who had searched the person of the appellant clearly shows that he first explained to the appellant the purpose of his visit to that place. He then told the appellant that he wanted to carry out a search of the person of the appellant. Thereafter he had told the appellant that if he so desired, he could be searched in the presence of a Magistrate or a gazetted officer. The appellant understood very well what he was told. He declined to be searched either in the presence of a Magistrate or a gazetted officer. It may be noticed that while giving statement under Section 313 Cr. P.C. The appellant did not say that he was unaware of his rights or that he was misled on that account in any manner. On the contrary, in general and vague manner it was only said that no offer as claimed by Mr. Jani was made to him. Though that by itself is not sufficient to convict the appellant in view of the procedural safeguards required to be observed by compliance with the requirements of Section 50, yet this is of some relevance in appreciating the grievance, now sought to be ventilated. It is, therefore, not possible to agree with the contention of the appellant that mandatory requirement of Section 50 was not complied with in instant case. The appellant is not entitled to get any benefit on the ground that breach of the provisions of Section 50 of NDPS Act was committed by the police officer, who searched his person.
Section 464 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 306 in The Indian Penal Code, 1860 [Entire Act]
State Of Punjab vs Baldev Singh on 21 July, 1999
23. As has been highlighted in Baldev Singh's case (supra), it has to be seen and gauzed whether the requirements of Section 50 have been met. Section 50 in reality provides for additional safeguards which are not specifically provided by the statute. The stress is on the adoption of a reasonable, fair and just procedure. No specific words are necessary to be used to convey existence of the right.