NDPS ACT
Sameer
(Querist) 17 December 2009
This query is : Resolved
PLEASE POST ANY NDPS ACTS CASE LAWS RELATING AQUINTAL OF ACCUSED.
I HAVE HEARD OF KERALA HIGH COURT'S JUDGEMENT OF" POWER OF INVESTIGATION IN NDPS CRIME ONLY TO THE GAZZATED OFFICERS AND NOT BELOW RANK OF DYSP".
PLEASE REPLY SOON.
Raj Kumar Makkad
(Expert) 17 December 2009
AIR 1988 SC 696
2004 (3) SCC 582
2006 (2) RCR (Crl) 47
Ajay Bansal
(Expert) 17 December 2009
As per N.D.P.S act, any accused is at liberty to get his/her search from a gazzated officer,but he/she gives his/her consent regarding seach from non-gazzated officer,then involvement of gazzated officer is not required.
Kiran Kumar
(Expert) 18 December 2009
INVESTIGATIVE PROCEDURES
Chapter V of the NDPS Act (Sections 41 to 68) sets out the powers as well as the procedures for the investigation of offences under the Act. This Chapter empowers officers duly authorized by the Central Government or a State Government to issue warrants, to enter and search premises, to stop and search conveyances, to seize narcotic drugs and psychotropic substances, to take statements and to arrest persons suspected of having committed an offence, punishable under the Act.
The power to issue search and arrest warrants, is in terms of Section 41, been vested both in Magistrates as well as in specially designated (Gazetted) officers of the Central and State Governments. This is designed to ensure both timely and effective action in response to any information. In addition, both the Central and the State Governments are authorized to entrust any Officer duly empowered under the Act with the powers of an Officer-in-Charge of a Police Station for the investigation of offences under the Act. It needs to be noted, however, that while the powers to search, seize, arrest etc., are inherent in the Act, all these are subject to both the substantive and procedural safeguards mandated by the Code of Criminal Procedure, in relation, inter-alia, to the presence of independent witnesses at a search, the drawing up of search lists or panchanamas, and the constitutional obligation to produce an arrested person before a Judge within 24 hours etc.
