Arumugham Vs. State Represented by Inspector of Police, Namagiri Pettai Station, Namagiri Pettai, Namakkal District. (Crime No. 75 of 99)

Arumugham vs State Represented by Inspector of Police, Namagiri Pettai Station, Namagiri Pettai, Namakkal Distr

Type Court Judgment Court Chennai Decided Mar 10, 1999

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Citation: sooperkanoon.com/781870
Court: Chennai High Court
Judge: B. Akbar Basha Khadiri, J.
Decided On: Mar 10, 1999
Case Number: Crl. O.P. No. 3330 of 1999
Subject: Narcotics

Case Summary

AI-generated summary - not the official court judgment text.

Narcotic Drugs and Psychotropic Substance Act - Section 20(b)(i)--Accused found in possession of one kg. Ganja--Provisions of Sections 42 and 50 of the Act not followed--Non-compliance of Section 50 found correct--Conditional Bail granted- - - Failure to inform a person to be searched would amountnon-compliance Se...

Key legal issue: Narcotics
Acts & sections: Narcotic Drugs and Psychotropic Substance Act, 1985 -- Sections 20, 42 and 50

Parties & Advocates

Appellant / Petitioner

Arumugham

Advocate Mr. P. Tamizh Kumaran, Adv.

Respondent

State Represented by Inspector of Police, Namagiri Pettai Station, Namagiri Pettai, Namakkal Distr

Advocate Mr. M. Babu Muthu Meeran, Government Adv. (Crl. Side)

Legal References

Acts: Narcotic Drugs and Psychotropic Substance Act, 1985 -- Sections 20, 42 and 50
Reported In: 1999(1)CTC725; 2000(67)ECC61

Excerpt

narcotic drugs and psychotropic substance act - section 20(b)(i)--accused found in possession of one kg. ganja--provisions of sections 42 and 50 of the act not followed--non-compliance of section 50 found correct--conditional bail granted- - - failure to inform a person to be searched would amountnon-compliance section 50 of narcotic drugs and psychotropic substance act which is mandatory and it would affect the prosecution case and vitiate the proceeding. especially, when no independent witness are available, the person who arrests the petitioner is expected to serve a notice upon the accused to intimate him whether or not he would like to be searched before a gazetted officer or a magistrate. 5000 (rupees five thousand only) with two sureties each for a like sum to the satisfaction of the special court (narcotic drugs and psychotropic substance act), salem, and on further condition that the petitioner shall appear before the respondent everyday at 10.30 a. for thirty days without fail......50 of narcotic drugs and psychotropic substance act have not been followed. it is obligatory on the police officer to inform the person searched whether he desires to be searched before a gazetted officer or a judicial magistrate. failure to inform a person to be searched would amountnon-compliance section 50 of narcotic drugs and psychotropic substance act which is mandatory and it would affect the prosecution case and vitiate the proceeding. especially, when no independent witness are available, the person who arrests the petitioner is expected to serve a notice upon the accused to intimate him whether or not he would like to be searched before a gazetted officer or a magistrate. in the instant case, no such notice had been issued and no intimation was given to the petitioner in this regard. i am inclined to grant bail. bail is granted.5. the petitioner shall be enlarged bail on his executing a bond for a sum of rs.5000 (rupees five thousand only) with two sureties each for a like sum to the satisfaction of the special court (narcotic drugs and psychotropic substance act), salem, and on further condition that the petitioner shall appear before the respondent everyday at 10.30 a.m. for thirty days without fail.

Full Judgment

ORDER

1. The petitioner stands charged for offence under section 20(b)(i) of Narcotic Drugs and Psychotropic Substance Act.

2. The case of the prosecution is that on 21.10.1999, the petitioner was found in possession of one Kilogram of Ganja. He was arrested on 21.1.1999

3. The learned counsel for the petitioner submits that provisions of Section 42 and 50 of Narcotic Drugs and Psychotropic Substance Act have not been followed.

4. Perused C.D. file. It appears, Sub-Inspector of police of Namagiri Pettai along with his party was patrolling in Chinnakakkveri Vellakkalpatty Road, he came across the petitioner and the petitioner was found in possession of one kilogram of Ganja. It appears, the Sub-Inspector of Police himself arrested the petitioner and seized the Ganja. It cannot be said that the Sub-Inspector of Police had not followed the mandatory provision of Section 42(2) of Narcotic Drugs and Psychotropic Substance Act, because he has sent the copy the F.I.R. to his Superior Officer. But it is evident that provision of Section 50 of Narcotic Drugs and Psychotropic Substance Act have not been followed. It is obligatory on the police officer to inform the person searched whether he desires to be searched before a gazetted officer or a judicial Magistrate. Failure to inform a person to be searched would amountnon-compliance Section 50 of Narcotic Drugs and Psychotropic Substance Act which is mandatory and it would affect the prosecution case and vitiate the proceeding. Especially, when no independent witness are available, the person who arrests the petitioner is expected to serve a notice upon the accused to intimate him whether or not he would like to be searched before a gazetted officer or a Magistrate. In the instant case, no such notice had been issued and no intimation was given to the petitioner in this regard. I am inclined to grant bail. Bail is granted.

5. The petitioner shall be enlarged bail on his executing a bond for a sum of Rs.5000 (Rupees Five Thousand Only) with two sureties each for a like sum to the satisfaction of the special Court (Narcotic Drugs and Psychotropic Substance Act), Salem, and on further condition that the petitioner shall appear before the respondent everyday at 10.30 A.M. for thirty days without fail.

Same Court & Year Chennai · 1999 Same Parties Arumugham vs State Represented by Inspector of Police, Namagi... Same Subject Narcotics Same Judge B. Akbar Basha Khadiri, J. Acts & Sections Narcotic Drugs and Psychotropic Substance Act, 1985 -- Sectio...

Narcotics