Officer, magistrate must while searching drug abuse suspects: SC

June 29, 2012 12:27

The Supreme Court has ruled that suspects in drug and narcotics smuggling cases have the right to insist on the presence of a gazetted officer or nearest magistrate when they are searched for drugs to ensure transparency in investigation.

Interpreting Section 50 of the Narcotics and Psychotropic Substances Act (NDPS), Justices Aftab Alam and Ranjana Prakash Desai said failure to follow the procedure would cause a definite prejudice to the accused.

Justice Desai, who wrote the judgement, said that a suspect might insist on the presence of a gazetted officer, or a magistrate to introduce transparency in the search.

The ruling was given while acquitting three persons convicted and sentenced to six months rigorous imprisonment by a sessions court in Andhra Pradesh for sale of ganja.

A police team who claimed that they had seized ganja from the possession arrested them. The Andhra Pradesh high court had upheld their conviction, following which one of the convicts had come and appealed to the apex court, contending that the authorities did not follow the Section 50 of the NDPS Act and their conviction was illegal.

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