Thursday, August 11, 2011

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50


Narcotic Drugs and Psychotropic Substances Act, 1985—Section 50—An illicit article seized from the person of an accused during search conducted in violation of the safeguards provided in Section 50 of the Act cannot be used as evidence of proof of unlawful possession of the contraband on the accused, though any other material recovered during that search may be relied upon by the prosecution in other proceedings, against the accused, notwithstanding the recovery of that material during an illegal search—What needs to be understood is that an illegal recovery cannot take the colour of a lawful possession even on the basis of oral evidence. 

No comments:

Post a Comment