Personal search of accused not conducted before Magistrate or any Gazetted Officer

2021 CRI. L. J. 43

AIROnline 2020 Utr 334

(UTTARAKHAND HIGH COURT)

Hayat Singh v. State of Uttaranchal. 

Criminal Appeal No.- 163 of 2006,

D/12- 10-2020.

Narcotic Drugs and Psychotropic Sub- stances Act (61 of 1985), Ss. 20(b), 22, 50 - Evidence Act (1 of 1872), S.3 — Illegal possession of contraband - Search and sei- zure-Proof - 500 grams charas alleg- edly recovered from possession of accused persons-No evidence that recovered con- traband was kept intact in malkhana from alleged date of its recovery - Personal search of accused not conducted before Magistrate or any Gazetted Officer - No evidence that information was given to higher officers - Absence of independent witnesses to alleged recovery IO admit- ted that he neither sent sample for chemi- cal analysis nor saw malkhana register — Search and recovery not in conformity with requirements of provision of act conviction set aside