Section 50 NDPS Act Conditions Not Required To Be Complied In Case Of Vehicle Search
Case: Kallu Khan vs State of Rajasthan
Coram: Justices Indira Banerjee and JK Maheshwari
Case No.: CrA 1605 OF 2021
Court Observation: “It is not a case in which the appellant has proved beyond reasonable doubt that while sending the samples for forensic tests, seals were not intact or the procedure has been materially not followed by protecting the seized substance or was not stored properly, as specified in the case of Mohan Lal (supra) in which case the directions were given to be followed on administrative side. However, in the facts of the case, the said judgment is not of any help to appellant. Similarly, in the case of Than Kumar vs. State of Haryana (2020) 5 SCC 260, this Court observed that if seizure is otherwise proved and the samples taken from and out of contraband material were kept intact; the report of forensic expert shows potency, nature and quality of contraband material, essential ingredients constituting offence are made out and the nonproduction of contraband in the Court is not fatal. As discussed above, the appellant has failed to show that 13 findings recorded by two Courts suffer from any perversity or illegality on the said issue and warrant interference”
“Simultaneously, the arguments advanced by the appellant regarding noncompliance of Section 50 of NDPS Act is bereft of any merit because no recovery of contraband from the person of the accused has been made to which compliance of the provision of Section 50 NDPS Act has to follow mandatorily. In the present case, in the search of motor cycle at public place, the seizure of contraband was made, as revealed. Therefore, compliance of Section 50 does not attract in the present case. It is settled in the case of Vijaysinh (supra) that in the case of personal search only, the provisions of Section 50 of the Act is required to be complied with but not in the case of vehicle as in the present case, following the judgments of Surinder Kumar (supra) and Baljinder Singh (supra). Considering the facts of this Court, the argument of noncompliance of Section 50 of NDPS Act advanced by the counsel is hereby repelled.”
“The issue raised regarding conviction solely relying upon the testimony of police witnesses, without procuring any independent witness, recorded by the two courts, has also been dealt with by this Court in the case of Surinder Kumar (supra) holding that merely because independent witnesses were not examined, the conclusion could not be drawn that accused was falsely implicated.”
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