Court emphasizes the mandatory compliance with Section 50 of the NDPS Act, granting bail to the accused after a year in custody.
In a significant ruling, the Kerala High Court has granted bail to Vishnu N.P., who was in custody for nearly a year, following his arrest for possession of MDMA. The decision, delivered by Justice Dr. Kauser Edappagath, highlights the critical importance of adhering to procedural requirements under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The applicant, Vishnu N.P., was apprehended on July 12, 2025, in Thamarassery, Kozhikode District, with 52.45 grams of MDMA. The prosecution alleged that the accused committed an offence under Section 22(c) of the NDPS Act. However, the crux of the defense's argument rested on the non-compliance with Section 50 of the NDPS Act, which mandates that certain procedural safeguards be observed during a body search.
In this case, the detecting officer, during a routine patrol, found the accused standing suspiciously by the roadside. Upon conducting a search, the officer noticed a bulge in the accused's pants pocket. The accused was then asked to remove the item from his pocket, which turned out to be MDMA.
The court observed that even though the accused voluntarily handed over the contraband, the action still constituted a body search under the NDPS Act. Section 50 necessitates informing the accused of their right to be searched in the presence of a Magistrate or a Gazetted Officer, which the prosecution failed to do. Justice Edappagath noted that the prosecution did not provide any evidence of compliance with this crucial procedural safeguard, thereby vitiating the search and seizure process.
The judgment further stated that due to this non-compliance, the stringent conditions for bail under Section 37 of the NDPS Act could not be applied. Considering the period of custody and the procedural lapses, the court granted bail to Vishnu N.P. with specific conditions, including a bond of Rs. 1,00,000 and regular appearances before the investigating officer.
This ruling underscores the judiciary's commitment to upholding procedural fairness, even in cases involving serious allegations such as drug possession. It sends a clear message about the inviolability of statutory safeguards designed to protect individuals' rights during criminal investigations.
Bottom line:-
Compliance with Section 50 of the NDPS Act is mandatory when conducting a body search, even if the accused voluntarily takes out the contraband from his possession and hands it over to the detecting officer.
Statutory provision(s): Section 50, Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Vishnu N.P. v. State of Kerala, (Kerala) : Law Finder Doc id # 2933839
