9911796707
TMI Blog2022 (1) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... wise also would stand vitiated and thus, cannot be relied upon. Appeal dismissed. - Hon'ble Judges Sanjay Kishan Kaul and M.M. Sundresh, JJ. For the Petitioner : Mr. Devansh A. Mohta, Adv/AC For the Respondent : Mr. Sumeer Sodhi, AOR Mr. Gaurav, Adv. ORDER 1. Leave granted. 2. The present appeal arises qua an incident of 11.09.2010 of 10.30 in the morning when Sub Inspector K.S. Singh (PW-5), on the basis of the information received, apprehended the Appellant and found that he was carrying Ganja in a green polythene bag on a wooden Kanwad from Bhaisabeda to Pithapur for transportation. The Appellant was charged under the Narcotics Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') and tried by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 50 of the NDPS Act at 12.45 O'Clock that the information has been received from the informer that the Ganja is kept at both ends of his Kanwad for which it is necessary to conduct search. You can get the search conducted from any Gazetted Officer, Magistrate or even by me. The Accused was explained about the meaning of Gazetted Officer and Magistrate. Then, the Accused gave verbal consent to get the search conducted by me. The consent given for search was recorded as dictated by the Accused. The notice served by me is Exhibit P.5 which bears my signature at part C to C. On the same date at 13 O'clock, at the spot itself, on getting the consent from the Accused, I got myself, accompanying staff and motorcycle searched from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corded only the on basis of possession of illicit articles recovered from his person. The third option stated to be given to the Accused to get himself searched from the Officer concerned not being part of the statute, the same could not have been offered to the Appellant and thus, the recovery from him is vitiated. 6. In the conspectus of the facts of the case, we find the recovery was in a polythene bag which was being carried on a Kanwad. The recovery was not in person. Learned Counsel seeks to expand the scope of the observations made by seeking to contend that if the personal search is vitiated by violation of Section 50 of the NDPS Act, the recovery made otherwise also would stand vitiated and thus, cannot be relied upon. We cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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