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2018 (1) TMI 123 - HC - Indian LawsOffence punishable under Section 18/20 of N.D.P.S. Act - carry of psychotropic substance - poppy husk - non-compliance with section 50 and 57 of N.D.P.S. Act - Held that: - A perusal of recovery memo would reveal that the police party told the accused that he is at liberty to get his search done before Gazetted Officer or Magistrate, however, the accused on finding himself caught by the policemen told that the police party may conduct his search. In my firm opinion, the appellant was not made aware about his legal right of getting searched before the Magistrate or the Gazetted Officer. Mere mentioning the words in the recovery memo that the accused was asked to give his search before Magistrate or Gazetted Officer, is not a sufficient compliance. There is non-compliance of Section 50 of NDPS Act, coupled with no document regarding compliance of Section 57 and nonjoining or non-procuring the public witness, creates reasonable doubt in the entire prosecution story. That being the position, impugned judgment and order is liable to be set aside and the appeal deserves to be allowed. Appeal allowed.
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