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Karma Phuntsok v NCB - Crla 202/2003    

Cases and Articles Cited

Case Name	Citation(s)	Court	Jurisdiction	Date	Full Text		Citation Index †
Manjit Singh " 23 In this case appellant Narender Bodh was occupant of the Maruti Van from which hashish was recovered In this scenario, his statement Ex PW1/O that he conspired in procuring and transporting the hashish has to be relied Appellant No 2 cannot claim himself to be innocent He cannot claim ignorance about the procurement and Crl Appeal No 202/2003 Page 22 of 24 transportation of the contraband after being found in Co of co-accused and having failed to render any plausible explanation in this regard 24 Learned counsel for the appellant has next contended that the notice under Section 50 of the NDPS Act was given to all the accused persons jointly, by way of formality Non- compliance of Section 50 is fatal and the appellant is liable to be acquitted I do not find any force in this contention of the appellant either Bare reading of Section 50 shows that it only applies in the cases of personal search of a person It would not extend to search of a vehicle or a container or a bag or premises The language employed in Section 50 makes it clear that the search has to be in relation to a person as contrasted to search of premises/vehicle/articles Also refer to Constitution Bench judgment titled Baldev Singh vs Punjab reported in	AIR 1999 SC 2378	Supreme Court of India	India	circa 1999			12
[2005] Criminal Law Journal 1827	[2005] Criminal Law Journal 1827	Criminal Law Journal	Australia	circa 2005	Legal Online		1
[2003] SC 3642	[2003] SC 3642		United Kingdom - Scotland	circa 2003			1
24 Car PW5	24 CAR PW5		Australia - Commonwealth	circa 1999			1