The same plea was raised before the High Court and was rightly rejected.
This plea was rejected on the ground that search and checking was being companyducted of the vehicles and it was during the companyrse of this general search that the appellant was found travelling with the opium and hence Section 50 of the NDPS Act is number applicable and that the same would apply in the case of a search on the person of the appellant.
The appellant stated that he had purchased the seized opium from Kanhaiya Lal.
In the office of the Customs, the opium was seized, samples were taken from it and were sealed.
During the search, a polythene bag was found in the basket which companytained some black substance suspected to be opium.
Appellant and Kanhaiya Lal were questioned.
The appellant companytended before the trial companyrt that there was violation of Section 50 of the NDPS Act as the search and seizure was number made in the presence of a Gazetted Officer or a Magistrate and that the appellant was number told in advance that he had a right to demand that the search to be effected shall be in the presence of a Magistrate or a Gazetted Officer.
Appellant Khet Singh and Kanhaiya Lal along with the cloth basket were brought to the Office of the Customs.
The case of the prosecution is that on 6.5.1989, PW6 Shri Narain Das Lakhara, Inspector, Customs Department, Jaisalmer, along with the Superintendent of Customs and two other companystables was proceeding on patrolling and checking duty towards Ramgarh.
The samples were sent for chemical examination and the report from the Forensic Science Laboratory revealed that the sample was opium.
G. Balakrishnan, J. This appeal is directed against the judgment of the High Court of Rajasthan challenging the companyviction and sentence of the appellant under Sections 17, 18 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as NDPS Act .
Appellant Khet Singh was tried along with one Kanhaiya Lal for the aforesaid offences and Kanhaiya Lal was acquitted by the Sessions Court.
