Panaji: A North Goa court discharged Umar Faruk Gaffar Kacchi in an NDPS case allegedly involving a commercial quantity of narcotics, after Mapusa police violated mandatory provisions of the NDPS Act.Kacchi was found in possession of 20g of suspected ecstasy worth Rs 2 lakh at the parking lot of the new KTC bus stand at Mapusa in Dec last year.Mapusa police had conducted a raid after receiving a tip-off. Police said they received the information at 6pm and the suspect was expected between 8.30pm and 8.45pm; therefore, there was no sufficient time to obtain a search warrant.The investigation officer’s (IO) search and seizure panchanama stated that Kacchi was offered a search in the presence of higher-ranking officers. However, the court said Section 50 of the NDPS Act mandates that, upon a suspect’s request before a personal search, the officer must take him without delay to the nearest gazetted officer of another department or the magistrate.“In this case, the accused was not informed that it is his right to get himself searched before a gazetted officer or a magistrate. He was not informed of the designations of the officers before whom he can get himself searched. The IO did not convey his right under Section 50 of NDPS Act to the accused,” the court said.“The IO could not have given other options to the accused such as to be searched in the presence of officers of higher rank than him, since it is not contemplated under the NDPS Act. Therefore, there is a clear violation of mandatory provision under Section 50 of the NDPS Act by the IO and therefore, the accused is entitled for discharge,” said Apurva Nagvenkar, additional sessions judge-2 Mapusa.
