TMI Blog2011 (5) TMI 923X X X X Extracts X X X X X X X X Extracts X X X X ..... OF 2002 - - - Dated:- 20-5-2011 - GANGULY, ASHOK KUMAR AND VERMA, DEEPAK , JJ. JUDGEMENT GANGULY, J. Heard learned counsel for the appellant. Despite notice, none appears for the respondent. This is an appeal by the Narcotics Central Bureau impugning judgment and order dated 11.01.2002 passed by the High Court whereby the High Court, on consideration of the facts and the leg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, it appears that the accused was informed that he has the option of being searched either in the presence of gazetted officer or Magistrate and it appears that the accused wanted to be searched in the presence of gazetted officer. The learned counsel for the appellant submits that by giving the option to the accused, the appellant has complied with the requirement under Section 50 of the NDPS A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uirement continues even after that and it is required that the accused person is actually brought before the gazetted officer or the Magistrate and in Para 32, the Constitution Bench made it clear that in order to impart authenticity, transparency and creditworthiness to the entire proceedings, an endeavour should be made by the prosecuting agency to produce the suspect before the nearest Magistra ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
