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1 - 9 of 9 (0.27 seconds)Article 2 in Constitution of India [Constitution]
The Narcotic Drugs And Psychotropic Substances Act, 1985
Article 1 in Constitution of India [Constitution]
Section 21 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 2 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
State Of Punjab vs Baldev Singh on 21 July, 1999
Compliance of Section 50 of the NDPS Act is mandatory
and it is imperative to follow the requirement of the statute
strictly, failing which the conviction cannot be sustained. The
Accused is required to be informed of his/her right of seeking a
search in presence of the Magistrate or the gazetted offcer and
the law on this point is well settled by the Constitution Bench
decision of the Apex Court in the case of State of Punjab Vs.
Baldev Singh1, where it is categorically held that it is imperative
for the Investigating Offcer to inform the suspect, orally or in
writing, about his right to be searched before a gazetted offcer or
a Magistrate and failure to apprise about such a right would not
vitiate the trial, but render the recovery of illicit article illegal
and vitiate the conviction and sentence, if recorded only on the
basis of possession of such illicit article/substance.
Vijaysinh Chandubha Jadeja vs State Of Gujarat on 29 October, 2010
In the case of Vijaysinh Chandubha Jadeja Vs. State of
Gujarat 2, another Constitution Bench has held it mandatory to
make the suspect aware of the existence of his right to be
searched before a gazetted offcer or a Magistrate and if so
required by him, to ensure the compliance of the mandate. The
strict compliance of the statutory provision like Section 50 of
the NDPS Act has been held to be necessary in order to
prevent abuse of the provisions of the NDPS Act, which confer
wide powers on the empowered offcers and, hence, the
safeguards provided by the legislature must be observed
strictly. It is held that object of Section 50(1) of the NDPS Act
is to check the misuse of power, to avoid harm to innocent
persons and to minimise the allegations of planting or foisting
of false cases by the law enforcement agencies.
Arif Khan @ Agha Khan vs The State Of Uttarakhand on 27 April, 2018
15. The learned counsel Mr.Abbas Delhiwala has also placed
before me the decision of the Apex Court in the case of Arif
Khan alias Agha Khan Vs. State of Uttarakhand 3, which has
2 (2011) 1 SCC 609
3 (2018) 18 SCC 380
M.M.Salgaonkar
::: Uploaded on - 18/12/2023 ::: Downloaded on - 01/03/2024 02:15:02 :::
14/15 J APEAL-781-98.odt
held that non-compliance of mandatory procedure under
Section 50 is fatal to the prosecution case.
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