AMIRI ALI LIGAGA Vs. STATE
HIGH COURT OF DELHI
AMIRI ALI LIGAGA
STATE OF DELHI
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(1.)I have heard the parties. This is an appeal directed against the order of conviction dated 18.9.1993, passed by Mr.Kuldip "singh, ASJ Delhi. The appellant has been convicted under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a term of ten years plus a fine of Rs.1 lakh, in default whereof rigorous imprisonment for another two years.
(2.)Briefly stating, the facts of the case are that on 28.1.1989, in She evening there was an information that Tanzanian national will come with a heavy quantity of smack. On this information, raiding party was organised. Mr.A.C. Sharma, ACP, Crime Branch with the informer reached Kuldip Hotel, Paharganj, New Delhi and held a Nakabandi. At about 9.45 p.m., one Negro came from Paharganj and another Negro was found coming from the eastern side of Paharganj. One Negro, coming from eastern side, Amiri Ali Ligaga passed on the polythene bag to other Negro, Emanauely Murd Aiseleph, which was seized and it contained 600 gm. of smack. The appellant was searched in the present case straightaway without being informed of his right that he, if so desired, could be searched in the presence of a gazetted officer or a Magistrate. Admittedly, no such option was given in the present case. There are some other points also urged before me, but it will not be necessary in the light of the above facts to dwell upon those grounds because in my opinion, this appeal can be disposed of on the question of non-compliance of the mandatory provisions of Section 50 of NDPS Act by the officers, who took a personal search of the appellant.
(3.)Section 50 of NDPS Act reads as under:- "50. Constitutions under which search of persons shall be conducted.
(1) When any officer duly authorised under Section 42 is about to search any person under the provisions of Section 41, Section 42 or Section 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of the departments mentioned in Section 42 or to the nearest Magistrate.
(2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-section (1).
(3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made.
(4) No female shall be searched by anyone excepting a female.
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