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TMI Blog2004 (2) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... I. Bhupinder Singh, Head Constable Nishan Singh and some other police officers was carrying out patrolling near the bus stand, Barnala. When the police party came near the bye-pass of the Chowk Bajakhana, they saw the respondent-accused alighting from a bus with a tin box in his hand. The movements of the accused aroused the suspicion of the police party who then apprehended the respondent-accused. They told him that they suspected him of committing an offence under the Act and told him that if he so desired, the search would be carried out in the presence of a Gazetted Officer or Magistrate. The respondent-accused, however, declined the offer, as a result of which, the tin box carried by him was searched by the police party. The search yie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere was any difficulty in joining independent witnesses. Hence, the High Court came to the conclusion that non-joining of independent witnesses would indicate a contravention of Section 50. On this reasoning, the High Court set aside the judgment of the Addl. Sessions Judge and acquitted the respondent. Being aggrieved, the State is in appeal. 4. It appears to us that, the only question which appealed to the High Court, has been wrongly decided. As to the circumstances when the provisions of Section 50 of the Act would apply, the issue is no longer res integra. A Constitution Bench of this Court in State of Punjab v. Baldev Singh, (1999) 6 SCC 172 at p. 190 [para 12] says this:- "12. On its plain reading, Section 50 would come into play o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "It thus emerges that when the police, while acting under the provisions of CrPC as empowered therein and while exercising surveillance or investigating into other offences, had to carry out the arrests or searches they would be acting under the provisions of CrPC. At this stage if there is any non-compliance of the provisions of Section 100 or Section 165 CrPC that by itself cannot be a ground to reject the prosecution case outright. The effect of such non-compliance will have a bearing on the appreciation of evidence of the official witness and other material depending upon the facts and circumstances of each case. In carrying out such searches if they come across any substance covered by the NDPS Act the question of complying with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n certain standing orders and standing instructions issued by the Central Government under Section 52A(1) which require a particular procedure to be followed for drawing of samples and contended that since this procedure had not been followed the entire trial was vitiated. 10. This contention too has no substance for two reasons. Firstly, Section 51A, as the marginal note indicates, deals with "disposal of seized narcotic drugs and psychotropic substances". Under Sub-section (1), the Central Government, by a notification in the Official Gazette, is empowered to specify certain narcotic drugs or psychotropic substance's having regard to the hazardous nature, vulnerability to theft, substitution, constraints of proper storage space and such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e seizure mahazar at the spot itself. Hence, we do not find any substance in this contention. 12. The respondent-accused also relied on a judgment of this Court in Valsala v. State of Kerala, 1993 Supp. (3) SCC 665. Considering the evidence on record, no case of tampering of the scales was made out nor has the High Court made any finding in this regard in favour of the accused. The only contention which appealed to the High Court was with regard to the violation of Section 50 of the Act. This is no longer relevant since we are in disagreement therewith. 13. In the result, we set aside the judgment of the High Court and affirm the correctness of the judgment of the learned Addl. Sessions Judge, Barnala. 14. The respondent-accused has been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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