Supreme Court Acquits Convicts in NDPS Case, Says "Failure to Comply with Section 50 Makes Recovery of Illicit Article Suspect"

In a landmark judgment, the Supreme Court of India today acquitted the appellants in a case related to offenses punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Court observed that the "failure to comply with the provision would render the recovery of the illicit article suspect and vitiate the conviction."

The appellants, who were challenging their conviction under Section 20(b)(ii)(C) of the NDPS Act, had been sentenced to ten years of rigorous imprisonment and a fine of Rs. 1,00,000 by a lower court. The High Court had upheld this conviction. They had already served the full substantive sentence and an additional six months for default of fine payment.

The Supreme Court found a critical flaw in the procedure followed during the arrest and search of the accused. Specifically, the Court cited violation of the safeguards stipulated under Section 50 of the NDPS Act, which mandates that persons being searched must be informed of their right to be searched in the presence of a Magistrate or a Gazetted Officer.

The Court relied on a Constitution Bench ruling in the case of Vijaysinh Jadeja vs State of Gujarat, saying, "it is mandatory and requires strict compliance." Failure to do so would make "the recovery of the illicit article suspect and vitiate the conviction."

The appellants were acquitted, and the Court directed that if the appellants were on bail, their bail bonds would stand canceled. If still in custody, they would be released forthwith.

This decision re-emphasizes the importance of procedural safeguards in criminal law and serves as a cautionary tale for law enforcement agencies to strictly adhere to legal norms and protocols.

Date of Decision: August 22, 2023 

MINA PUN vs STATE OF UTTAR PRADESH