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2005 (11) TMI 521

..... e convicted by the trial court under Section 8 read with Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and each one of them was sentenced to undergo rigorous imprisonment for a period of 15 years and pay fine of ₹ 1.5 lakhs ; in default to undergo further imprisonment for a period of one year. On appeal being preferred by the accused p .....

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..... h of a person, as such the provisions of Section 50 of the Act would not apply in case search and seizure is not made from the person of the accused. In the present case, as the search and seizure have not been made from the person of the accused but from the truck, the provisions of Section 50 of the Act shall have no application. 4. Turning now to Section 42(2) of the Act, in this regard, it may .....

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..... 2) of the Act shall have no application to the case. This being the position, the High Court was not justified in acquitting the Respondents and the trial court was quite justified in convicting them. 5. Accordingly, the appeal is allowed, the impugned order of acquittal rendered by the High Court is set aside and the conviction and sentence recorded by the trial court against the Respondents are .....

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