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The Supreme Court has ruled that suspects in drug and narcotics smuggling cases have the right to insist on the presence of a gazetted officer or nearest magistrate when they are frisked for contraband(
Interpreting Section 50 of the Narcotics and Psychotropic Substances Act (NDPS), a bench of justices Aftab Alam and Ranjana Prakash Desai said failure to follow the procedure would cause a definite prejudice to the accused.
Justice Desai, who wrote the judgement.
said that a suspect may insist on the presence of a gazetted officer or a magistrate so as to introduce transparency in the search. The apex court gave the ruling while acquitting three persons convicted and sentenced to six months Rigorous Imprisionment by a sessions court in Andhra Pradesh for sale of ganja. They were arrested by a police team who claimed that they had seized ganja from the possession.
The Andhra Prad
वर्जित व्यापार
) to ensure transparency in investigation.Interpreting Section 50 of the Narcotics and Psychotropic Substances Act (NDPS), a bench of justices Aftab Alam and Ranjana Prakash Desai said failure to follow the procedure would cause a definite prejudice to the accused.
Justice Desai, who wrote the judgement.
said that a suspect may insist on the presence of a gazetted officer or a magistrate so as to introduce transparency in the search. The apex court gave the ruling while acquitting three persons convicted and sentenced to six months Rigorous Imprisionment by a sessions court in Andhra Pradesh for sale of ganja. They were arrested by a police team who claimed that they had seized ganja from the possession.
The Andhra Prad
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