Summary
The appellant challenged his NDPS conviction on the basis that the searching officer offered an impermissible third option under Section 50. The Court held that the ganja was recovered from polythene bundles carried on a kanwad rather than from his person, and declined to extend an asserted defect in personal search to that recovery. The appeal was dismissed. An earlier order reducing default imprisonment and directing release remained part of the procedural history.
Issues
- Whether an asserted Section 50 defect in personal search also vitiated the separate recovery from bags carried on a kanwad.
Provisions considered
- Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985The personal-search safeguard was not extended to invalidate the contraband recovery from the polythene bags carried on the kanwad. (¶ 4-7)
Held
- The officer’s testimony described offering search before a Gazetted Officer, Magistrate or the officer himself. The appellant relied on precedent against such a third option, but the decisive fact here was that the contraband came from polythene bags on the kanwad, not his person. (¶ 4-6)
- The Court rejected the proposed extension that an asserted illegality in personal search necessarily invalidated a recovery made otherwise. That was the sole issue requiring consideration, and the appeal was dismissed with parties bearing their own costs. (¶ 6-7)
- Before final hearing, after completion of ten years’ substantive imprisonment and about six months of default imprisonment for non-payment of fine, the Court had reduced the default term from one year to the approximately six months served and directed release. The appellant had accordingly been released; the final dismissal did not undo that earlier relief. (¶¶ 3, 7)
Result
Appeal dismissed; conviction left undisturbed. Earlier reduction of default imprisonment and consequent release recorded. Parties to bear their own costs.