Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act |
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 Psychotropic Substances Act, 1985 - ss. 18, 20 and 50 (4) - Police officials staged nakabandi -Driver of car apprehended - On search recovery of contraband articles - Driver's case that three persons fled away- On basis of statement of driver, raid in house of said persons - Recovery of contraband articles from the box under the bed on which ladies of the house found sitting Conviction of ladies u/ss. 18 and 20 - Set aside by High court - Interference with - Held: Not called for - Prosecution case suffered from several infirmities - Independent witness was not examined - Personal search of ladies was conducted by male police officer which was violative of sub section (4) of s. 50. During nakabandi, the police officials of village apprehended GS- driver of the car. He alleged that PS, AS and HS were also there who fled away. The car was searched and narcotics were recovered. FIR was lodged. On basis of statement of GS, police officials raided the house of PS and HS in village and recovered large quantity of contraband articles from the box beneath the bed where respondent-ladies of the house were sitting Another FIR was lodged. PS was arrested. Respondents were convicted and sentenced u/ss. 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. However, High Court set aside the order. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 328 |
Petitioner | State Of Punjab |
Respondent | Gurnam Kaur And Ors. |
SCR | [2009] 3 S.C.R. 1195 |
Judgement Date | 2009-03-06 |
Case Number | 939 |
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