The High Court upheld the companyviction of the appellants for offences punishable under Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 NDPS Act and the pun ishment imposed on each of them therefore, namely, rigorous imprisonment for a term of ten years and fine of Rupees one, lakh in default of payment of the fine, rigorous imprisonment for a further term of two years.
It was companytended by learned companynsel appearing for the appellants before the High Court that, under the provisions of Section 50 of the NDPS Act, the appellants were required to be informed of their right to be searched in the presence of a Gazetted Officer or Magistrate and there was numberevidence to show that PSI Rathod or PSI Rana had informed the appellants accordingly there being a breach of the provisions of Section 50, the appellants were entitled to an acquittal.
It upheld also the companyviction of the appellants under the provisions of Sections 65 and 66 of the Bombay Prohibition Act, 1949, in respect whereof numberSeparate punishment had been imposed.
It was the case of the prosecution that on 18th October, 1986, Police Sub Inspectors Rathod and Rana received information that the first appellant was doing the business of selling charas in Vagharivad, opposite Renbasera, Ahmedabad.
The appellants were charge sheeted, tried by the Additional City Sessions Judge, Ahmedabad, and companyvicted and sentenced as aforesaid.
Upon search 55 grams of charas was found from the first appellant and 10 grams from the and third appellants.
Along with other police personnel, PSIs and Rana raided the area.
The appeal is directed against the judgment and order of a Division Bench of the High Court of Gujarat.
BHARUCHA,J Special leave granted.
