False Case under Narcotic Act. Safeguards against personal search

Ashok Kumar Sharma Vs. State of Rajsthan 2013(1)Scale 193

Narcotic Act is a special Act. If some officer wants to search your pockets to see if you have got any narcotic drugs in your pocket or not,

He has two obligations. 1) He has to tell you that Law gives you right to be searched in presence of either a Magistrate or a Gazatted Officer 2) Then he has to ask you whether you desire to be searched in presence of Magistrate or whether you want to be searched before a Gazatted officer.

If you say Magistrate, then he will have to take you to a Magistrate and then only he can search your pockets. If you say gazzated officer than he has to take you to a Gazatted officer.

This safe guards are provided to see that police does not false implicate some innocent person.

But if police wants to search your hand bag or car, there is no such requirement as stated above.

Haresh Raichura
11/2/2013