![]() Police told her that she has to come along with them before a gazetted officer, where they would frisk her, or wait till a gazetted officer reaches the spot. Police then arrested her from outside her home on the instance of their informer. After reaching her home, police asked passersby to join their raid as witnesses, but they all left. “Information was shared with the senior officials and they were asked to conduct a raid. Accordingly, in view of legal lacuna in the search of proceedings, I discharge the accused, Rajni, of the offence punishable under Section 20 of NDPS Act.” ![]() DCPs shall ensure that police staff strictly comply (with) Section 50 of the NDPS Act in the event a contraband is recovered from personal search of any accused,” states the order.ĪSJ Savitri said, “The argument advanced by leading additional public prosecutor, that the Hon’ble Supreme Court’s judgment was at the stage of acquittal and not charge, fails to convince me. ![]() “…Copy of the order be sent to all DCPs - Shahdara, east and northeast, in the jurisdiction of whom some police stations of Shahdara judicial district are located. The directions came while the court was hearing the case of Rajni (50) who was arrested last year on drug peddling charges, along with 132 packets of 9.7 grams of heroin, from Shahdara’s Vivek Vihar - in the absence of a gazetted officer. The court directed all DCPs in the Eastern range to strictly comply with sections of the special law, that deals with search operations.Īdditional Sessions Judge Savitri directed police to follow rules laid down by the Supreme Court on search operations in narcotics cases, stating that the “search operation has to be conducted in the presence of a gazetted officer”. In the present case, police received information on August 2 last year that a woman was selling heroin outside her home in Kasturba Nagar.Ī Delhi court raised serious concerns over the manner in which the police seizes contraband substance in narcotics cases. ![]()
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