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AIR 1994 SUPREME COURT 1872 ::(1995) 22 CriLT 538
Supreme Court Of India
Hon'ble Judge(s): S. Ratnavel Pandian, K. Jayachandra Reddy , JJ

(A) Criminal P.C. (2 of 1974) , S.4, S.100, S.165— Search and seizure - Carried out by Police Officer in normal course of investigation into offence or suspected offence as provided under Cr. P. C. - If there is chance of recovery of narcotic drug or psychotropic substance, the empowered officer from such stage onwards carry out investigation as per provisions of NDPS Act. S. 50 of NDPS Act not applicable to such search. Words and Phrases - Words "otherwise dealt with". Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.50— If a police officer without any prior information as contemplated under the provisions of the NDPS Act makes a search or arrests a person in the normal course of investigation into an offence or suspected offence as provided under the provisions of Cr. P.C. and when such search is completed at that stage S. 50 of the NDPS Act would not be attracted and the question of complying with the requirements thereunder would not arise. If during such search or arrest there is a chance recovery of any narcotic drug or psychotropic substance then the police officer, who is not empowered, should inform the empowered officer who should thereafter proceed in accordance with the provisions of the NDPS Act. If he happens to be an empowered officer also, then from that stage onwards, he should carry out the investigation in acc....

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