2020 CRI. L. J. (NOC) 517 (GAU.) ::AIROnline 2020 Gau 292 ::(2020) 214 All Ind Cas 669 (Gau) ::(2021) 1 Gau LR 317 ::(2021) 1 Gau LT 58 ::2021 (1) Gau LT 58 ::2021 (1) Gau LR 317 ::2020 (214) All Ind Cas 669

Gauhati High Court

Hon'ble Judge(s): Parthivjyoti Saikia , J

(A) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) S. 20 (b)(ii)(C), 29, 52-A, 50, 42 — Illegal possession of ganja — Search and seizure — Non-compliance of mandatory provision — Accused persons allegedly possessing 30 packets of ganja wrapped in polythene — Accused persons not searched in presence of Magistrate or Gazetted Officer — Officer In-charge admitted that he did not prepare any separate inventory — G. D. Entry made by Officer In-charge of police station did not contain any note stating that matter intimated to his superior officer in writing — No evidence to substantiate that S. 50 of NDPS Act has been complied with when accused persons searched at railway station — Conviction, set aside. AIR 2011 SC 77, Relied on. (Para 15,16,20,24,25)