Compliance with Section 50 of NDPS Act Not Mandatory in Absence of Personal Search: Andhra Pradesh High Court Upholds Conviction

In a significant judgment, the Andhra Pradesh High Court at Amaravati upheld the conviction of an individual, Bhaja Jal, for the possession of 6 kilograms of Ganja. The Court, in its decision dated 29^th January 2024 in Criminal Appeal No.394 of 2011, emphasized the non-mandatory nature of compliance with Section 50 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act) in cases where there is no personal search involved.

Justice A.V. Ravindra Babu, presiding over the matter, observed, “Absolutely, there was no personal search of A.1. The Ganja was alleged to be found in the bag which was in possession of A.1. It is a case virtually Section 50 of the NDPS Act has no application when there was no personal search.”

The appeal challenged the judgment dated 11.03.2011 of the Special Sessions Judge in NDPS S.C.No.1 of 2007, where Bhaja Jal was found guilty under Section 8© r/w 20(b)(ii)(B) of the NDPS Act.

Justice Ravindra Babu noted, “Having regard to the facts and circumstances, this Court is of the considered view that the prosecution before the learned Special Judge categorically established beyond reasonable doubt about the recovery of 6 Kgs. Of ganja from the possession of A.1.”

Further elaborating on the role of the investigating officer, the Court clarified that though compliance with Section 50 was carried out by the officer, it was not a requirement in this particular case. The Court dismissed the appeal, affirming the original decision and directing the appellant to surrender and comply with the sentence.

Date of Decision: 29.01.2024

Bhaja Jal  VS The State of Andhra Prades