Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 50 and 21

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 50 and 21—Contention that even if there is apparent default in compliance with the provisions of Section 50 of the Act, a person may still be convicted if the recovery of the contraband can be proved by statements of independent witnesses or other responsible officers, in whose presence the recovery is effected—Held, not tenable—Once the recovery itself is found to be illegal, being in violation to the provisions of Section 50 of the Act, it cannot, on the basis of the statement of the police officers, or even independent witnesses, form the foundation for conviction of the accused under Section 21 of the Act—What cannot be done directly cannot be permitted to be done indirectly.