Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s.250 -Compensation for accusation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.250 -Compensation for accusation without reasonable cause -Respondents arraigned as accused for the offences punishable u/ss. 8121(8) and 8129 of the 1985 Act- Grant of compensation to the respondents by the Special Judge since they suffered illegal custody on account of delay in getting the seized articles tested from Forensic Science Laboratory and the test showed that the seized items did not contain any contraband article - Said order upheld by the High Court -On appeal, held: Delay is the fulcrum of the reasoning for acquittal - It is apt to note that police while patrolling noticed that the behaviour the accused persons at that time was suspicious - There was no lapse on the part of the seizing officer, no evidence to show that the prosecution had falsely implicated them and there was no ma/a fide or malice - High Court did not apply its mind to the concept of grant of compensation to the accused persons - Thus, order of the trial judge granting compensation and High Court upholding the same, set aside - Narcotic Drugs and Psychotropic Substances Act, 1985. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 610 |
Petitioner | State Of Rajasthan |
Respondent | Jainudeen Shekhandanr. |
SCR | [2015] 10 S.C.R. 542 |
Judgement Date | 2015-08-25 |
Case Number | 1085 |
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