2011 (5) TMI 923 - SC - Customs

Challenge to setting aside of conviction of Respondent - mandatory provision of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has not been complied.

Summary

Issues: Compliance with Section 50 of the NDPS Act

Comprehensive Analysis:

The Supreme Court heard an appeal by the Narcotics Central Bureau challenging a High Court judgment that set aside a conviction due to non-compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The High Court ruled that failure to comply with Section 50 vitiated the conviction. The appellant argued that compliance was met as the accused was given the option to be searched in the presence of a gazetted officer. However, the Court referenced a recent Constitution Bench decision in Vijaysinh Chandubha Jadeja's case, emphasizing that Section 50 is a mandatory requirement that must be strictly construed. The Bench clarified that mere informing of the search option is insufficient; the accused must actually be brought before the gazetted officer or Magistrate for the search.

The Court found that the obligation under Section 50 of the NDPS Act was not fulfilled in the case at hand, as the accused was not presented before the designated authority for the search. Citing the precedent set by the Constitution Bench, the Court emphasized the importance of authenticity and transparency in such proceedings. Consequently, the Court upheld the High Court's decision to set aside the conviction based on non-compliance with Section 50. The appeal by the Narcotics Central Bureau was dismissed, affirming the importance of strictly adhering to the statutory requirements of Section 50 of the NDPS Act.