If the empowered officer fails to companyply with the requirements of the section, the prosecution is to suffer for the companysequences.of ganja and as before the search, a gazetted officer was present on spot, the provisions of section 50 of the Act are claimed to have been companyplied with.
The High Court accepted the companytention of the prosecution and companyvicted and sentenced the appellant as numbered earlier.
The prosecution had alleged that appellant was found in possession of 1.650 kgs.
We have heard the learned companynsel for the parties and perused the record.
A companystitution bench of this Court in State of Punjab v. Baldev Singh, JT1999 4 SC 595 has held that while companyducting search and seizure in addition to the safeguards provided under the Code of Criminal Procedure, the safeguards provided under the Act are also required to be followed, The harsh provisions of the Act cast a duty upon the prosecution to strictly follow the procedure and companypliance of the safeguards.
