1999 (10) TMI 725 - SC - Customs

Summary

Issues:
1. Conviction under S.21 of the Narcotic Drugs and Psychotropic Substances Act
2. Conviction under S.31 of the Act and the jurisdiction of the Court to reduce the sentence
3. Compliance with the mandatory requirement in S.50 of the Act

Analysis:

1. The appellant was convicted under S.21 of the Narcotic Drugs and Psychotropic Substances Act, resulting in an enhanced sentence of rigorous imprisonment for 16 years and a fine of Rs. 2 lakhs by the Trial Court. The High Court confirmed the conviction but reduced the sentence to 10 years and six months with a fine of Rs. 1 lakh.

2. Upon examining S.31 of the Act, it was found that the Court lacked jurisdiction to reduce the sentence below 15 years. The Court issued a notice to the appellant regarding the possibility of raising the sentence to the minimum of 15 years if the conviction under S.31 was confirmed. The appellant's case involved the recovery of brown sugar during a search conducted by a police officer.

3. The main legal issue revolved around the non-compliance with the mandatory requirement in S.50 of the Act. The Court referred to a previous judgment highlighting the importance of informing the accused about their right to be searched before a gazetted officer or a Magistrate. It was observed that merely asking the accused whether they wanted to be searched in the presence of an officer did not fulfill the legal obligation. As there was a lack of compliance with S.50, the evidence of the search could not be relied upon, leading to the conclusion that the appellant was not in possession of the contraband article.

4. The Court ultimately held that due to the non-compliance with S.50, the evidence of the search could not be considered, and there was no other independent evidence to establish the appellant's possession of the contraband. As a result, the conviction and sentence were set aside, and the appellant was acquitted. Additionally, it was noted that S.31 was deemed inapplicable in this case, further supporting the decision to acquit the appellant and direct his immediate release unless required in another case.