Advocate Sushila
DELHI HIGH COURT HOLDS PRESENCE OF A MAGISTRATE IS NOT REQUIRED UNDER THE NDPS ACT IF ACCUSED WAIVES HIS RIGHTS
Advocate Sushila Ram 21 Jun 2021

DELHI HIGH COURT HOLDS PRESENCE OF A MAGISTRATE IS NOT REQUIRED UNDER THE NDPS ACT IF ACCUSED WAIVES HIS RIGHTS

The Two Judge Bench of the Hon’ble #DelhiHighCourt comprising of Justices Siddharth Mridul and Talwant Singh passed a Judgment dated 08-06-2021 in the case of Nabi Alam @ Abbas v. State (Govt. of NCT of Delhi) {BAIL APPLN. 2641/2018 & CRL.M.(BAIL) 555/2021} and held that under Section 50 of The #NarcoticDrugs and #PsychotropicSubstances Act, 1985 (the Act) presence of a #Magistrate during search of Contraband Articles is not compulsory if the Accused decides to waive his rights.


In the present case, the Applicant/Accused filed a Bail Application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’), primarily seeking regular bail pending ensuing trial before the Court of learned Additional Sessions Judge/ Special Judge (NDPS). This was later on dismissed by the learned Sessions Court víde order dated 13-07-2018.

To read more, please visit the link below:


https://theindianlawyer.in/delhi-high-court-holds-presence-of-a-magistrate-is-not-required-under-the-ndps-act-if-accused-waives-his-rights/


#delhihighcourt #magistrate #ndps #accused

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