9911796707
TMI Blog1996 (2) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, right in the view that it took. Appeal dismissed. - SLP(CRL.) 3688 OF 1995 - - - Dated:- 27-2-1996 - A Ahmadi, S V Manohar and B Kirpal, JJ. ORDER 1. Notice was issued in the present case on the limited question whether the alleged non-compliance of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter called "the Act", was fatal to the prosecution. This question arises in the backdrop of the following facts: The petitioner, a Nigerian national, was leaving India on 23-6-1987 by Air India Flight No. AI-860 from Delhi to Lagos via Bombay. He had reported for customs clearance at the Air India counter at the Indira Gandhi International Airport, New Delhi. A team of the Narcotics Control Burea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the prosecution had violated the mandate of Sections 50 and 57 of the Act. However, at the stage of issuance of notice on this special leave petition, the question was confined to the non-compliance of Section 50 of the Act only. We have to consider the question whether there has been a violation of Section 50 of the Act in the aforesaid background. 2. Two things become crystal clear, (i) that at the relevant point of time, the bag from which the incriminating articles were found was not in the actual possession of the petitioner when he was searched at the airport, and (ii) the prosecution does not contend that it had informed him that he had a choice of being examined in the presence of a Gazetted Officer or a Magistrate. Therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary for searching the goods of a female which are lying at a distant place at the time of search. It is another matter that the said article is brought from the place where it is lying to the place where the search takes place but that cannot alter the position in law that the said article was not being carried by the accused on his or her person when apprehended. We must hasten to clarify that if that person is carrying a handbag or the like and the incriminating article is found therefrom, it would still be a search of the person of the accused requiring compliance with Section 50 of the Act. However, when an article is lying elsewhere and is not on the person of the accused and is brought to a place where the accused is found, and on sea ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
