A Delhi court has acquitted a woman of the charge of possessing 10.05 gm of smack to sell in a Taimur Nagar slum cluster in south Delhi in 2013 as the city police failed to make a personal search of her before a Magistrate or a gazetted officer.
The New Friends Colony police arrested her and seized the drug from her possession after they had received a tip-off that the accused dealt in the business of selling smack in the jhuggi basti.
NDPS Act
“The provisions of Section 50 [of the] NDPS Act must be complied with. The entire evidence on the file shows that the accused was not produced before a gazetted officer or Magistrate. None of the police officials was a gazetted officer. They were not empowered to make search and recovery of contraband from the accused as provided under Section 50 [of the] NDPS Act, except in the presence of gazetted officer or Magistrate,” Additional Sessions Judge S.K. Gupta said while acquitting accused Samiran.
“...The recovery of smack from the accused does not inspire confidence,” he further said.
“In view of my aforesaid discussion, I have no hesitation to hold that the prosecution has failed to prove its case against the accused beyond shadow of reasonable doubt, so accused is acquitted of the offence under Section 21 [of the] NDPS Act. The personal bond is cancelled and surety bond stands discharged. The case property be destroyed after expiry of the period meant for appeal as the case may be,” the judge added.