Court Confirms Conviction under NDPS Act but Reduces Imprisonment from Four Years to Two
In a significant ruling, the Kerala High Court has upheld the conviction of Bichathu under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, while modifying the sentence imposed by the Special Court. The judgment, delivered by Justice A. Badharudeen, confirmed the appellant's conviction for possession of 25.400 grams of brown sugar but reduced the imprisonment term from four years to two years, along with a fine of Rs. 10,000.
The case revolved around the recovery of the contraband from plastic bags carried by the accused, which did not necessitate compliance with Section 50 of the NDPS Act. This section mandates certain procedures for personal searches, which were argued by the defense to have been violated. However, the court clarified that Section 50 applies only to personal searches and not to searches of bags or containers.
During the trial, the prosecution presented evidence including testimonies from the arresting officer and an assisting Circle Inspector, alongside documentary evidence such as the seizure mahazar and chemical analysis reports confirming the substance as brown sugar. The defense's contention of non-compliance with Section 50 was dismissed, with the court referencing the Supreme Court's interpretation that such compliance is not required for searches of items other than the body.
Justice Badharudeen emphasized the legislative intent of Section 50, noting its applicability solely to personal searches, and cited previous Supreme Court judgments supporting this interpretation. The court acknowledged the appellant's waiver of the right to be searched in the presence of a Gazetted Officer or Magistrate, further strengthening the prosecution's case.
In light of the circumstances and the nature of the offense, the court found it appropriate to reduce the sentence. The judgment also accounted for the period already spent in custody by the accused, allowing for a set-off against the modified sentence.
The appellant has been directed to surrender before the Special Court to serve the remaining sentence, with the High Court ensuring compliance by forwarding its judgment to the Special Court.
Bottom line:-
Compliance with Section 50 of the NDPS Act is mandatory only in cases of personal search of the accused and does not extend to searches of bags, containers, or other items carried by the accused.
Statutory provision(s):
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21(b), 50; Criminal Procedure Code, 1973 - Section 428
Bichathu v. State of Kerala, (Kerala) : Law Finder Doc id # 2918759
