2005 (2) TMI 826 - SC - Customs

Whether in the facts and circumstance of this case search of the bags would amount to search of the person of the respondent? Whether search of the bag carried by the accused on his shoulder attracts Section 50 of the Narcotic Drugs and Psychotropic Substances Act 1985 and whether failure to give to the accused the necessary option contemplated by Section 50 before searching his bag would be in violation of the provisions of Section 50?

Summary

Issues:
1. Compliance with Section 50 of the N.D.P.S Act during search.
2. Allegation of false implication by the respondent.
3. Examination of evidence and defense plea.

Issue 1: Compliance with Section 50 of the N.D.P.S Act during search

The case involved the respondent being found guilty under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The High Court allowed the appeal and set aside the conviction and sentence, citing non-compliance with Section 50 of the N.D.P.S Act. The High Court emphasized that the provision of Section 50, which requires giving the accused the option to be searched before a magistrate or a gazetted officer, was not fulfilled in this case. The High Court held that the word "person" in Section 50 should be interpreted broadly to include any search scenario involving narcotics. The court concluded that since the search was based on secret information, the accused should have been given the Section 50 option, leading to the acquittal of the respondent.

Issue 2: Allegation of false implication by the respondent

During the trial, the respondent claimed false implication due to past grievances with police officials. He alleged that the police had a vendetta against him, leading to his involvement in the case. The respondent cited a previous incident where he was illegally detained, resulting in a fine imposed on a police officer. However, the court found no substantial evidence to support the claim of false implication. The court noted the lack of connection between the past incident and the current case, dismissing the argument that the respondent was targeted due to personal animosity.

Issue 3: Examination of evidence and defense plea

The court thoroughly analyzed the evidence presented, including witness testimonies and documentary proof. Despite the respondent's denial and defense plea, the court found the prosecution's evidence convincing. The court highlighted that the police had prior information about the narcotics, which were ultimately found in large quantities. The court concluded that the defense of false implication was not substantiated by the facts and circumstances of the case. Consequently, the court allowed the appeal, set aside the High Court's acquittal, and upheld the respondent's conviction under Section 15 of the N.D.P.S. Act. The court directed the respondent to serve the remainder of the sentence, canceling any previous bail bonds.

In summary, the Supreme Court's judgment addressed the issues of compliance with Section 50 of the N.D.P.S Act, the allegation of false implication by the respondent, and the examination of evidence and defense plea. The court emphasized the importance of following legal procedures during searches and thoroughly evaluated the evidence presented in the case to reach a decision.