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1995 (4) TMI 136 - SC - CustomsConviction of the appellants for offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and also under the provisions of Sections 65 and 66 of the Bombay Prohibition Act, 1949 Held that:- It is necessary that courts dealing with offences under the NDPS Act should be very careful to see that it is established to their satisfaction that the accused has been informed by the concerned officer that he had a right to choose to be searched before a Gazetted Officer or a Magistrate. It need hardly be emphasised that the accused must be made aware of this right or protection granted by the statute and unless cogent evidence is produced to show that he was made aware of such right or protection, there would be no question of presuming that the requirements of Section 50 were complied with. Instructions in this behalf need to be issued so that investigation officers take care to comply with the statutory requirement and drug peddlers do not go scot free due to non-compliance thereof. Such instructions would be of great value in the effort to curb drug trafficking. At the same time, those accused of possessing drugs should, however heinous their offence may appear to be, have the safeguard that the law prescribes. For the reasons aforestated, the conviction of the appellants under the NDPS Act and the sentence imposed upon them for the same must be set aside. For the conviction of the appellants under the provisions of the Bombay Prohibition Act no separate punishment was awarded. The High Court has not dealt with the aspect of these offences. As find that the `panchas’ did not support the evidence of PSIs Rathod and Rana, which further weakens the case that `charas’ was found in the possession of the appellants. We cannot, therefore, sustain their conviction under the Bombay Prohibition Act. Appeal allowed.
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