appln5564-10.sxw jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5564 OF 2010 (For leave to Appeal) The State of Maharashtra .. Applicant Versus Bhimappa Mallappa Sajjan .. Respondent Shri Y. S. Shinde, APP for the State. CORAM : D.D. SINHA AND SMT. V.K. TAHILRAMANI, JJ DATE : 21st December, 2010 P.C.: 1. Heard the learned Additional Public Prosecutor. 2. This Criminal Appeal is directed against the judgment and order dated 29.3.2010 passed by the learned Additional Sessions Judge, Karad in Sessions Case No. 27 of 2006, whereby the respondent accused came to be acquitted for the offence punishable under Sections 8 (c), 21(B) and 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 1 appln5564-10.sxw 3. Considered the contentions canvassed by the learned Additional Public Prosecutor. Perused the impugned judgment and order. 4. The trial Court acquitted the respondent for not following the mandatory procedure stipulated in Section 50 of the said Act, which requires the officer duly authorised under Section 42 who is about to search any person under the provisions of Section 41 and 42 or section 43 to inform the accused person his right regarding search to be conducted, in the presence of a gazetted officer or a Magistrate. The learned APP has not disputed that this procedure has not been followed by the Investigating Officer and the accused was not informed about his right under Section 50 of the said Act. 5. In view of this undisputed fact, no case is made for showing any indulgence. 6. Leave is refused. Application is dismissed. [SMT. V.K. TAHILRAMANI, J.] [ D. D. SINHA, J. ] 2