Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25

Law: Criminal Procedure Code (V of 1898)

Section: 52,173,340(2),342,382B

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 9(c) & 25--Conviction and sentence--Challenge to--It was prosecution case that being notorious drug peddler appellant was selling heroin in public street and many people were purchasing heroin from her--On spy information, raid was conducted--Resultantly appellant was apprehended and upon search, heroin weighing 1015 grams alongwith sale proceed Rs.9990/- was allegedly recovered from her possession--Surprisingly, inspite of well and advance information about fact that appellant was a woman and notorious drug seller, complainant/head of raiding party did not try to accompany a lady constable for her arrest and search, which is clear violation of mandatory provisions of law concerning body or personal search of some lady involved in crime--Further complainant, who is Sub-Inspector by rank and being an employee of police department is supposed to well aware and having knowledge of substantive as well as procedural law but in this case, non-accompanying of lady constable with raiding party by complainant, speaks a volume about his efficiency, knowledge and command on investigation--It is pertinent to mention here that whether act of Investigating Officer was illegal or merely irregular--In this regard, several factors are to be taken into consideration such as form and language of mandatory provisions; scheme and object to be achieved; and nature of violation etc--To determine gravity of defect, it has to be seen that whether is it a mere unimportant mistake in procedure or is it substantial and vital? The answer will depend on facts and circumstances of each case--It is not possible and acceptable that raiding party comprising male members could maintain decency/modesty of a woman at time of her arrest because it is a common observation in our society that every accused either man or woman tries to show resistance to police in order to make his/her good escape from place of occurrence and police officials also make every effort to cause his/her arrest and in this eventuality, they lost sight principles of decency/modesty of a woman and could not maintain strict decency of a woman--This act and…

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