2022 (1) TMI 1400

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....hi, AOR Mr. Gaurav, Adv. ORDER 1. Leave granted. 2. The present appeal arises qua an incident of 11.09.2010 of 10.30 in the morning when Sub Inspector K.S. Singh (PW-5), on the basis of the information received, apprehended the Appellant and found that he was carrying Ganja in a green polythene bag on a wooden Kanwad from Bhaisabeda to Pithapur for transportation. The Appellant was charged unde....

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....ffect of provisions of Section 50 of the NDPS Act. Since the Petitioner had already undergone 10 years of sentence and served about six months in the alternative sentence of one year for non-payment of fine, we considered appropriate to substitute the sentence of one year against non-payment of fine by the sentence of about six months and directed the Appellant to be set free. The Appellant was ac....

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....the search conducted by me. The consent given for search was recorded as dictated by the Accused. The notice served by me is Exhibit P.5 which bears my signature at part C to C. On the same date at 13 O'clock, at the spot itself, on getting the consent from the Accused, I got myself, accompanying staff and motorcycle searched from the Accused. No objectionable Article was found in the search. ....

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....t of State of Rajasthan v. Parmanand and Anr.- (2014) 5 SCC 345, more specifically, para 19. The judgment in turn, relied upon a Constitution Bench judgment of this Court in State of Punjab v. Baldev Singh 1999 (6) SCC 172 to conclude that if a search is made by an empowered Officer on prior information without informing the person of his right that he has to be taken before a Gazetted Officer or ....