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2017 (12) TMI 1511 - HC - Indian LawsNon–compliance of provisions of Section 50(1) of the Act - seizure of contraband item - ganja/psychotropic addictive substance - Held that: - On plain reading of Section 50 of the Act, it appears that the safeguard or protection to be searched in presence of Magistrate or Gazetted Officer has been incorporated in Section 50 of the Act, to ensure that persons are only searched with a good cause. So far Section 50 of the Act, is concerned, it appears to be mandatory in nature when the search of a person of a suspect is required but the same does not appear to be applicable in a case where the recovery is from dickey or bag etc. - In the present case recovery of contraband is from the dickey of the car, however, person of the appellant has also been searched and as such submission of learned counsel for the appellant that in the above circumstance non compliance of provision of Section 50 of the Act vitiate the conviction of the appellant as though a Circle Officer was present there and there is nothing available on record to show that they have informed the accused person about his statutory right to be searched before a Magistrate or Gazetted Officer. Facts of the case in hand is also similar to that decided by Hon”ble Apex Court in the case of Dilbag Singh v. State of Punjab [2016 (12) TMI 1 - SUPREME COURT] as in this case also recovery is from the car and not from the possession of the appellant and though person of the appellant was also searched but nothing except one mobile and some sim cards were recovered and as stated above, prosecution is also not relying upon the personal seizure of the appellant. The contention of appellant regarding non-compliance of Section 50(1) does not appear to be convincing and is certainly of no help, whereas, there are sufficient cogent, consistent and reliable materials available on record with regard to recovery of commercial quantity of ganja/psychotropic addictive substance from the dickey of the car - So far conviction of appellant under Section 476 of Indian Penal Code is concerned, the same appears to be not sustainable and is hereby set aside - appeal disposed off.
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