Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act 1985-Section 50 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985-Section 50 : Applicability of-Scope-Held: S. 50 only applies to personal search of an accused-Does not extend to search of a vehicle or container or bag or premises. Personal search : Option to accused to be searched in presence of any of the enumerated categories of superior officers-Object and purpose of-Held : It acts as a safeguard against vexatious search, unfair dealings and protects and safeguards the interest of the innocent. Option given to the accused is only to choose whether he would like to be searched by the officer making the search or in the presence of the nearest available Gazetted Officer or the nearest available Magistrate-The choice of the nearest Gazetted Officer or the nearest Magistrate has to be exercised by the officer making the search and not by the accused Officer proposing to effect search, if himself is a Gazetted Officer-He cannot act in dual capacity as Officer searching and also as Officer in whose presence search is effected Authorised officer gave accused-respondent the option of being searched in presence of a Police Officer of gazetted rank, or the nearest Magistrate. He opted for search in presence of the Police Officer-Held : Search thus conducted did not violate S. 50-View of High Court that the search violated S. 50 since the Police Officer was a member of the raiding party is not legally tenable-High Court erred in presuming bias on part of the Police Officer on the ground that he was accompanying the officer authorized-In any event, on facts, the question of bias or prejudice does not arise since he reached the spot only after the accused was detained. The question which arose for consideration in the present appeal is whether the High Court erred in holding that though the accused respondent had been given the option of being searched in presence of PW 3- the Deputy Superintendent of Police, a police officer of the gazetted rank, but since PW 3 was a member of the raiding party, the search in his presence cannot at all be said to be in consonance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 200 |
Petitioner | State Of Rajasthan |
Respondent | Ram Chandra |
SCR | [2005] 3 S.C.R. 496 |
Judgement Date | 2005-04-12 |
Case Number | 541 |
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