Non-compliance with Section 50 NDPS Act vitiates trial: Supreme Court upholds acquittal where accused not properly informed of rights

Held: The Supreme Court held that strict compliance with Section 50 of the NDPS Act is mandatory, and failure to properly inform the accused of the right to be searched before a Magistrate or a Gazetted Officer vitiates the trial. The Court further held that offering an additional or incorrect option, such as search before a police officer, is contrary to law and renders the recovery suspect, thereby invalidating the conviction.

Summary: The prosecution case was that the accused was apprehended during a routine nakabandi while carrying a bag containing 11.05 kg of charas. The Trial Court convicted the accused under Section 20 of the NDPS Act. However, the High Court set aside the conviction on the ground that the accused was not properly informed of his rights under Section 50, as the Investigating Officer provided a third option of search before a police officer, which is not permissible under law.

The Supreme Court examined the evidence and the manner in which consent for search was obtained. It found that the Investigating Officer failed to strictly comply with the mandatory requirements of Section 50, thereby vitiating the recovery. The Court also noted inconsistencies in the prosecution case, including contradictions regarding the weighing of contraband, which further weakened the prosecution’s case. It reiterated settled law that where two views are possible, the appellate court should not interfere with an acquittal unless the findings are perverse or impossible. The Court held that the High Court’s view was reasonable and based on proper appreciation of evidence and legal principles.

Decision: The Supreme Court dismissed the appeal, upheld the acquittal of the accused by the High Court, and held that the prosecution failed to establish compliance with mandatory statutory safeguards, thereby rendering the conviction unsustainable, with all pending applications disposed of accordingly.