Illegal search by an unempowered officer vitiates NDPS proceedings and justifies quashing to prevent abuse of process.

Criminal proceedings based on search, seizure or recovery by an officer not empowered under the Narcotic Drugs and Psychotropic Substances Act, 1985 are vitiated. Powers under the Act's search and arrest provisions can be exercised only by an empowered officer or under valid warrant or authorisation, and material gathered through an incompetent search cannot validly sustain proceedings for offences under Chapter IV. Such proceedings amount to abuse of process, so inherent jurisdiction may be invoked to prevent injustice and secure the ends of justice. The Court held that the proceedings were liable to be quashed.

---

---

Issues: Whether criminal proceedings based on search, seizure and recovery effected by an officer not empowered under the Narcotic Drugs and Psychotropic Substances Act, 1985 are liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: Powers of search, seizure and arrest under Sections 41 and 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 can be exercised only by an empowered officer or under a valid warrant or authorisation. Where the search and recovery are made by an officer lacking such authority, the action is inherently illegal and the material so collected cannot validly form the basis of proceedings for offences under Chapter IV of the Act. Criminal proceedings founded on such illegal material would amount to abuse of the process of court, and the High Court's inherent power under Section 482 of the Code of Criminal Procedure, 1973 may be invoked to prevent injustice and secure the ends of justice. The distinction drawn in the context of Section 50 of the Act, where a competent officer's non-compliance may affect recovery and conviction, does not assist where the search itself is by an incompetent officer.

Conclusion: The proceedings were liable to be quashed, and the appellant was entitled to relief under Section 482 of the Code of Criminal Procedure, 1973.

Ratio Decidendi: Criminal proceedings founded on search, seizure or recovery made by an officer who was not empowered under the Narcotic Drugs and Psychotropic Substances Act, 1985 are vitiated, and the High Court may quash such proceedings under its inherent power to prevent abuse of process and secure the ends of justice.

---