Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Psychopropic Substances Narcotic Drugs |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Narcotic Drugs and Psychopropic Substances Act, 1985 - ss. 20 (b) (ii) and 42 - Information about possession of contraband articles by accused, in the course of an investigation against him - Search of the house of accused after intimation to higher officers - Conviction by courts below - Plea of non-compliance with the requirements of s. 42 (2) - Held: Conditions incorporated in s. 42 not applicable where information about possession of contraband articles comes to notice during investigation - However, in the present case the conditions were complied with by the complainant. In the course of investigation of an offence committed by the appellant, the complainant (police official) came to know that the appellant also possessed and used to sell contraband articles at his residence. Before affecting the raid, the complainant informed the higher officer by a written report, about having received ... such information. Raid was affected in the presence of Panchas and other officers. 'Charas' was seized. Trial court found the appellant guilty u/s. 20 (b) (ii) of Narcotic Drugs and Psychotropic Susbtances Act, 1985. Conviction was upheld by High Court. In appeal to his court appellant contended inter alia that there was non-compliance with the requirement of s. 42 (2) of the Act. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 17 |
Petitioner | Hamidbhai Azambhai Malik |
Respondent | State Of Gujarat |
SCR | [2009] 1 S.C.R. 166 |
Judgement Date | 2009-01-12 |
Case Number | 164 |
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