Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 35 kg poppy husk - Third option - I.O cannot give a third option to accused to get himself searched before raiding officer as S.50(1) of the Act does not provide for it - There is thus, no, compliance of provision of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 52 kg poppy husk - Joint offer given to both the accused to avail right u/s 50 of the Act - Even consent was taken jointly - More so, trial Court failed to appreciate that while acquitting co-accused, charge against whom was that he was in joint possession, conviction of accused cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 25 kg poppy husk - Recovery of contraband not effected from personal search of accused - Provision of S.50 of the Act thus, not attracted - Even otherwise, Magistrate has apprised accused of his right to be searched before Magistrate or a Gazetted Officer...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas - Non compliance of S.50 of the Act - Police became apprehensive and started search of person of accused - Mid way of the search accused was informed that she has right to be searched in the presence of a Gazetted Officer or a Magistrate - No consenting letter prepared at the spot - This..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 170 gms intoxicating powder - Non-compliance of mandatory provision of S.50 of the Act - Accused not produced at the time of arrest before Magistrate or Gazetted Officer - Though consent memo shown to have been signed by accused discloses that he does not wish to be searched in front of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(b)(ii)(A), 22(c), 29, 50, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2.890 gms Hashish - Bail - Non-compliance of S.50 of NDPS Act will be sufficient to vitiate conviction for illegal possession of contraband - Said no, compliance cannot be said to be mere technical breach - Applicant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 100 gms Alprazolum from A-1 and 6 kg from A-2 - Search and seizure - Once notice served informing right and options for search to accused and he did not exercise option before independent gazetted officer or Magistrate and willingness once given in writing to be searched before Gazetted Officer..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg 500 gms heroine - Search and seizure - Offer of search as per S.50 of the Act is given to petitioners - Mere use of words `other department or Magistrate can be called at the spot without delay' would not render prosecution case doubtful and offer made defective - Compliance of S.50 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Accused apprised of his right to be searched before a Magistrate or a Gazetted Officer - Accused expressed his trust on raiding team and gave his consent to be searched by them - However, constable was directed to summon a Magistrate or a Gazetted Officer but no such officer could be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg Nitrazempam powder - Accused was physically searched by raiding team - Compliance of S.50 of the Act thus, comes into force immediately - However, as per recovery memo though accused was told that in case he wishes, he may be searched before Gazetted Officer or a Magistrate, but as per his..........
