Supreme Court of India
Arif Khan @ Agha Khan v. State of Uttarakhand
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What the Court ordered
We are of the considered opinion that the prosecution was not able to prove that the search and recovery of the contraband (Charas) made from the appellant was in accordance with the procedure prescribed under Section 50 of the NDPS Act.
Judgment, page 7
From the headnote
Narcotic Drugs and Psychotropic Substances Act, 198 5 – ss.20 and 50 – Non-compliance of s.50 – Prosecution case that Police raided appellant-accused and on search found contraband article “Charas” weighing around 2.5 Kg in quantity from his body – Trial Court convicted u/s. 20 of the NDPS Act – onviction confirmed by the High Court – Appellant-accused conten ded that the prosecution failed to ensure mandatory complian ce of s.50 of the NDPS Act – Held: In order to make the search and recovery of the contraband articles from the body of the suspec t, the search and recovery has to be in
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