9911796707
TMI Blog1999 (8) TMI 994X X X X Extracts X X X X X X X X Extracts X X X X ..... turned up and there is nobody to represent him. But we found that appellant is languishing in jail and he had already covered substantial portion of the sentence of imprisonment imposed on him. If we adjourn this case further to another date it would be only to the detriment of the interest of the appellant. So, we heard learned Counsel for the respondent - State of Kerala who assisted us with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in a narrow compass. P.W. 1, Circle Inspector Police received information that certain persons were on the move in an auto-rickshaw carrying brown sugar. He therefore, went in search of the auto-rickshaw and came across the same. He stopped the vehicle and found the appellant and two other persons sitting on the seat. When appellant was searched he was found carrying a bag in which 300 grams of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further held that there was no question of non-compliance with Section 50 of the Act in this case inasmuch as the appellant did not make a request on his own that the search should be conducted in the presence of a Gazetted Officer or a Magistrate. 5. The legal position has since been changed with the pronouncement of the decision of the Constitution Bench of this Court in State of Punjab v. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. In view of the change in the legal position with the pronouncement of the Constitution Bench decision in the aforesaid case the search conducted in this case must be held to have been vitiated. Consequently, it must be inferred that prejudice has been caused to the accused. The evidence concerning the search is not acceptable in view of non-compliance with the requirements of Section 50. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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