2011 (8) TMI 1255 - HC - Customs

Summary

Issues:
Petition seeking leave to appeal acquittal under NDPS Act due to failure in serving proper notice under Section 50 NDPS Act.

Analysis:
The petitioner sought leave to appeal against the respondent's acquittal for an offense under the NDPS Act, citing the failure to serve a proper notice under Section 50 NDPS Act. The prosecution alleged that the respondent, holding a Zambian passport, aroused suspicion due to unusually high heels while traveling to Johannesburg. Despite initial denials, subsequent searches revealed narcotic substances concealed in the respondent's shoes and personal belongings. The trial court acquitted the respondent primarily due to the purported failure in serving a proper notice under Section 50 of the NDPS Act.

Upon review, the notice served on the respondent was found to be deficient in complying with the requirements of Section 50 NDPS Act, as established by a precedent set in Vijay Singh Chandhubha Jadeja v. State of Gujarat, 2011 (1) SCC 609. The notice failed to adequately inform the respondent of her legal right to request a search before a Magistrate or a Gazetted Officer of Customs, thus undermining the validity of the trial proceedings. Consequently, the High Court concluded that the absence of a proper notice vitiated the trial, rendering the impugned order legally sound and free from any infirmity or illegality.

In light of the above findings, the High Court determined that there were no grounds warranting interference with the impugned order. As a result, the petition seeking leave to appeal and the accompanying application were dismissed, leading to the vacation of any interim orders previously issued in the matter.