Panaji: High Court of Bombay at Goa has acquitted a Nepali in a drugs case. The appellant, Krishna Malla, a native of Nepal, was convicted by the special judge of Narcotic Drugs and Psychotropic Substances Court, Mapusa for being found in illegal possession of commercial quantity of ‘charas’ weighing 2.225 kgs.
He came to be convicted and sentenced to undergo rigorous imprisonment for ten years along with fine of Rs 1,00,000 and in default to undergo rigorous imprisonment for six months.
The High Court observed that the judgment and order of conviction passed by the special judge on November 10, 2014 in special criminal case is quashed and set aside.
The High Court observed that in view of the ratio laid down by the Supreme Court that even if the suspect may or may not choose to exercise the right of search provided to him under Section 50 of the NDPS Act but it was obligatory upon the officer concerned under Section 50 of the NDPS Act to apprise the suspect of his right to be searched before a gazetted officer or a magistrate.