P.Mohan vs State Of Telangana
2023 Latest Caselaw 4405 Tel

Telangana High Court

P.Mohan vs State Of Telangana on 27 December, 2023

         THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI

              CRIMINAL PETITION No.12797 of 2023

ORDER:

This Criminal Petition is filed under Section 482 of the Code

of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner, who

is arrayed as accused No.2, to quash the proceedings against him in

C.C.No.1381 of 2022 on the file of the learned X Additional Chief

Metropolitan Magistrate, Secunderabad, for the alleged offences

punishable under Sections 20(b)(ii)(A) & 8(C) of the Narcotic Drugs

and Psychotropic Substances Act, 1985 (for short, 'the Act').

2. Heard learned counsel for the petitioner/accused No.2,

learned Assistant Public Prosecutor for respondent No.1 - State and

perused the record.

3. Learned counsel for the petitioner submitted that the

provisions of Section 50 of the Act have not been followed in this case

and therefore, the Final Report and also the FIR have to be quashed

against the petitioner herein.

4. According to the learned counsel for the petitioner, as per

Section 50 of the Act, the petitioner should be informed in writing

about his option of being searched before a Gazetted officer or a 2 TMD,J Crl.P.No.12797 OF 2023

Magistrate and his acceptance should be obtained in writing and only

when can the search be made.

5. However, after going through the Final Report, it is noticed

that the petitioner was served with the copy of Notice under Section

50 of the Act and obtained their acceptance and only thereafter, the

Additional Inspector of Police, Musheerabad Police Station in the

capacity of Gazetted officer conducted the search and LW-1 recorded

the confession-cum-seizure panchanama of accused persons.

6. Learned counsel for the petitioner has placed reliance upon

the judgment rendered by the Hon'ble Supreme Court in the case of

State of Rajasthan Vs. and Parmanand and Another 1, in support

of her contention that the petitioner should be informed in writing

about his option of being searched before a Gazetted officer or a

Magistrate.

7. However, after going through the judgment, it is noticed that

the Hon'ble Supreme Court has held that it is imperative for the

officer to give prior intimation to the accused about his rights under

Section 50 of the Act and that information may not necessarily be in

writing. This judgment therefore will not help the petitioner in any

way.

(2014) 5 SCC 345 3 TMD,J Crl.P.No.12797 OF 2023

8. The second ground taken by the learned counsel for the

petitioner is that the Gazetted officer cannot be a policeman and in

support of this contention, she has placed reliance upon the judgment

rendered by the Hon'ble Kerala High Court in the case of Nithin Vs.

State of Kerala, in Bail application No.946 of 2023.

9. However, from the said judgment, it is also noticed that the

Hon'ble Kerala High Court has held that any police officer being

Gazetted officer is a qualified and competent Gazetted officer for

search of a person as stipulated in Section 50 of the Act. Therefore,

this judgment also does not come to the rescue of the petitioner.

10. In view of the same, this Court does not find any merit in the

arguments of the petitioner. Accordingly, the Criminal Petition is

dismissed.

Miscellaneous applications, if any pending, shall also stand

closed.

_____________________________ JUSTICE T.MADHAVI DEVI

Date: 27.12.2023 PVT 4 TMD,J Crl.P.No.12797 OF 2023

THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI

CRIMINAL PETITION No.12797 of 2023

Date: 27.12.2023 PVT