Delhi High Court: Illegal NDPS search can vitiate conviction based solely on recovery

The Delhi High Court reiterated that non-compliance with Section 50  of the NDPS Act vitiates a conviction and sentence if they rest solely on recovery from an illegal search.

The Court held that while such non-compliance does not nullify the entire trial, it invalidates convictions based only on tainted recovery, as it undermines trial fairness.

The Court clarified that illicit articles seized in violation of the law cannot be admissible evidence of possession, though other materials may still be used.

The Court denied bail to the accused in a trafficking and conspiracy case, observing that her residence search was legal and the recovery was corroborated by additional evidence.

[Shahida v. State (NCT of Delhi)]