MADURAI: A case registered under the Narcotic Drug and Psychotropic Substances Act is liable to be quashed if an officer other than those authorised by the Central or State Government had seized the contraband and filled up the H form (First Information Report), the Madras High Court has ruled.
Justice K. Chandru said that a reading of a catena of judgements rendered by the Supreme Court would show that the safeguards provided under Sections 42 (1) and 50 of the Act were mandatory and violating them would affect the prosecution case besides vitiating the trial.
Hence, the Judge quashed a case registered by the Forest Guard, Malayur beat, Sirumalai Range in Dindigul district, against a local for possessing 1.5 kilograms of cannabis.
The accused alleged that he was falsely implicated in the case for resisting illegal felling of trees.
He also claimed that he was arrested and remanded with utter disregard to the provisions of the Act.
Section 42 (1) empowers Central as well as State governments to appoint officers who could enter, search, seize and arrest without warrant.
In Tamil Nadu, police officers not below the rank of a head constable, revenue officer not below the rank of a revenue inspector, excise officer not below the rank of an excise inspector and forest officers not below the rank of a forester were authorised by a Government Order dated August 12, 1982. Section 50 states that a suspect could be searched only with prior permission of a nearest gazetted officer or a magistrate.
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