Nishka Srinivas Veluvali
Published On: January 31, 2022 at 15:30 IST
The Supreme Court, in the Judgement passed in the previous week dismissed the exposition that if personal search is debauched by the violation of the Section 50 of NDPS Act does not vitiate the recovery made.
The Bench of Justice Sanjay Kishan Kaul and Justice MM Sundresh dismissed the Appeal filed by an Accused who was convicted consequently by both the Trial Court as well as the Chhattisgarh High Court as per the Section 20(b)(ii)(c) of the NDPS Act.
The Accused was found possessing Ganja in a green polythene bag on a wooden Kanwas from Bhaisabeda to Pithapur for transportation.
The Accused had sorted to the previous Judgements of State of Rajasthan vs Parmanand (2014) and the State of Punjab vs Baldev Singh (1999). In these Judgements it was ruled that without prior intimation if the person is being searched by the empowered Authority then the recovery made will be considered void.
It further was noted that Accused was also not given the option of being searched by the Officer concerned not being part of the statute which makes the recovery from the Accused is vitiate.
However, the Supreme Court observed that the recovery was in the polythene bag which was being carried on a Kanwad and 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 give such an extended view as is sought to be contended by learned counsel for the Appellant”, the Supreme Court held while quashing the Appeal.
