TMI Blog2008 (7) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... in short `NDPS Act') by learned Additional Sessions Judge III, Hissar. He found the accused guilty of the offence punishable under Section 17 of the Act and was sentenced to undergo imprisonment for 10 years 2. Background facts giving rise to the trial are as follows: On 3.1.1988, Ishwar Singh, Sub Inspector along with ASI Ram Kishan and 3 Constables was present at platform No.3 near Railway bridge. At about 8.30 p.m. one train came from the side of Sadalpur, Chandgi Ram PW was also with the police party at that time. Accused Mai Ram alighted from that train and started walking towards the engine. He was carrying one bag (Ex.P1) in his right hand. On suspicion, he was stopped. First of all, the Sub Inspector served him with a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intact. The S.I. also telephonically informed the Dy. S.P. regarding seizure of opium. After the investigation, the accused was challaned by the Sub Inspector Ishwar Singh. 3. Learned Trial Judge found that the prosecution established its case and accordingly convicted and imposed sentence as aforesaid. 4. An appeal was filed before the Punjab and Haryana High Court. Learned Single Judge allowed the appeal holding that there was violation of the provisions of Section 50 of the Act. It was noted that elaborate reasons were not recorded about the suspicion about the accused being in possession of opium. It was also noted that the recovery was said to have been effected at the railway station and many independent witnesses would hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing a notice in terms of Section 50 of the Act as no personal search was made, requisite procedures were followed. There is nothing in law that elaborate reasons for entertaining a suspicion about an accused, carrying contraband articles should be recorded. The High Court was clearly in error in holding that the reason for the suspicion was not recorded. So far as the examination of only official witness is concerned, it is to be noted that the only independent witness who was examined to speak about the seizure did not support the prosecution version. No material was brought on record by the defence to discredit the evidence of the official witnesses. The ultimate question is whether the evidence of the official witness suffers from any in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1). (3) The gazetted officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. (4) No female shall be searched by anyone excepting a female. 12. A bare reading of Section 50 shows that it only applies in case of personal search of a person. It does not extend to search of a vehicle or a container or a bag, or premises. [(See Kalema Tumba v. State of Maharashtra and Anr. (JT 1999 (8) SC 293), State of Punjab v. Baldev Singh (1999 (6) SCC 172) and Gurbax Singh v. State of Haryana (2001 (3) SCC 28)]. The language of Section 50 is implicitly clear that the search has to be in relation to a person as co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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