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Filli Dilli Dora vs State Of Orissa on 6 July, 1994 cites

State Of Punjab vs Balbir Singh on 1 March, 1994

" ........ From the words "otherwise dealt with" it does not necessarily mean something which is not included in the investigation, inquiry or trial and the word 'otherwise' points to the fact that the expression 'dealt with' is all comprehensive and that investigation, inquiry and trial are some of the aspects dealing with the offence. Consequently the provisions of the Cr PC shall be applicable in so far as they are not inconsis- tent with the NOP 3 Act to all warrants, searches, seizures and arrests made under the Act. But when a police officer carrying on the investigation including search, seizure or arrest empowered under the provisions of the Cr PC comes across a person being in possession of the narcotic drugs or psychotropic substances then two aspects will arise. If he happens to be one of those empowered officers under the NDPS Act also then he must follow thereafter the provisions of the NDPS Act and continue the investigation as provided thereunder. H on the other hand, he is not empowered than the obvious thing he should do is that he must inform the empowered officer under the NDPS Act who should thereafter proceed from that stage in accor- dance with the provisions of the NDPS Act. But at this stage the question of resorting to Sec 50 and informing the accused person that if he so wants, he would be taken to a gazetted officer and taking to gazetted officer thus would not arise because by then search would have been over. As laid down in Section 60 the steps contemplated thereunder namely informing and taking him to the gazetted officer should be done before the search. Whan the search is already over in the usual course of investigation under the provisions of Cr PC then the question of complying with Section 50 would not arise."
Supreme Court of India Cites 60 - Cited by 1785 - S R Pandian - Full Document
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