Section 50 NDPS Act Not Followed During Search - Supreme Court Restores Acquittal

The Supreme Court acquitted accused in an NDPS case on the ground of non-compliance of requirement of affording an option to be searched before a Magistrate of a competent Gazetted Officer.

In this case, the accused were acquitted by the Trial Court observing that the Police did not give any option to them to be searched before a Magistrate of a competent Gazetted Officer. The High Court, allowing the appeal filed by the State convicted them.

In appeal filed by the accused, the court noted that arrest memos, do not reflect that any option or choice was given to the accused before their personal search was undertaken.

"It is true that the personal search did not result in recovery of any contraband material but the non-compliance of requirement of affording an option, was one of the reasons which weighed with the Trial Court in disbelieving the case of the prosecution.", the bench observed.

The court also noted that the High Court proceeded to consider the evidence on record straightaway without considering the reasons that had weighed with the Trial Court. The court observed that following approach has to be adopted While dealing with an appeal against acquittal:

1. The reasons which had weighed with the Trial Court in acquitting the accused must be dealt with, in case the appellate Court is of the view that the acquittal rendered by the Trial Court deserves to be upturned
2. With an order of acquittal by the Trial Court, the normal presumption of innocence in a criminal matter gets reinforced.
3. If two views are possible from the evidence on record, the appellate Court must be extremely slow in interfering with the appeal against acquittal.

Observing thus, the bench set aside the High Court judgment and restored acquittal.

Headnotes

Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50 - Personal search did not result in recovery of any contraband material but the non-compliance of requirement of affording an option to be searched before a Magistrate of a competent Gazetted Officer - Accused acquitted. (Para 9)

Code of Criminal Procedure, 1973 ; Section 378 -  Appeal against Acquittal- Reasons which had weighed with the Trial Court in acquitting the accused must be dealt with, in case the appellate Court is of the view that the acquittal rendered by the Trial Court deserves to be upturned - With an order of acquittal by the Trial Court, the normal presumption of innocence in a criminal matter gets reinforced - If two views are possible from the evidence on record, the appellate Court must be extremely slow in interfering with the appeal against acquittal. (Para 7)

Case details

Sanjeev vs State of Himachal Pradesh | CrA 870 OF 2016 | 9 March 2022

Citation : 2022 LiveLaw (SC) 267

Coram: Justices UU Lalit, S. Ravindra Bhat and PS Narasimha

Counsel: Sr. Adv A. Sirajudeen, assisted by Adv S. Mahendran and Adv Parnam Prabhakar, Adv Aditya Dhawan for the appellants and Adv Abhinav Mukerji for the State