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The appellants Sumit Rai and Subodh Rai have been convicted for being found in possession of 100 kg ganja (cannabis), on 27th April, 2013, vide judgment dated 4th March, 2015, passed by the learned Additional Sessions Judge under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Consequently, vide order dated 10th March, 2015, the appellant has been sentenced, by the learned Additional Sessions Judge, to suffer, 10 years rigorous imprisonment along with fine of ? 1 lakh, with default simple imprisonment of 6 months. Thus, the appellant had filed this appeal on the ground of unfair search procedure. The respondents contended that the appellant had been informed that he had the right to have his search carried out in the presence of a magistrate. Upon denial of the appellant , such search was carried out by the Investigating Officer.
The Delhi High Court held law that search of an accused under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) has to be conducted, mandatorily in the presence of a Magistrate or Gazetted Officer even if the accused refuses the offer in this regard.
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