Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotics and Psychotropic Substances Act 1985 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotics and Psychotropic Substances Act, 1985:s.50 - Right of accused to exercise option under s.50 of being searched by gazetted officer or magistrate - Held: The use of word 'nearest' in s.50 is relevant - Search has to A 8 c be conducted at earliest and, once person to be searched opts to be searched in presence of such senior officer, it is 0 for police officer who is to conduct the search, to conduct it in the presence of conveniently available officer - On facts, acquittal recorded by High Court for non-compliance of s.50 not justified. s.27 - Seizure of opium - Quantity seized was less than 25 grams - Held: s.27 has application in terms of the Notification No.G.0.327E dated 161711996 of the Central Government issued in exercise of power under Section 27 of the Act-' Since accused is in custody for more than two years and 7 months, sentence restricted to the period already undergone. The respondents were convicted under Section 8 read with Section 18 of Narcotics and Psychotropic Substances Act, 1985. High Court found that there was non compliance with the, requirements of Section 50 of the Act and directed acquittal. In appeal to this Court, State-appellant contended that the High Court went on discarding the evidence of the Dy. Superintendent of Police PW.16 on the ground of alleged variation in testimony vis-a-vis. PW.12. It was pointed out that PW.16 stated that he asked the accused persons as to whether they wanted to be searched by Gazetted Officer, or Magistrate in the sense that he s himself was a Gazetted Officer. PW.12 stated that the accused persons were asked whether they wanted to be searched in the presence of PW.16 himself or Magistrate. This according to the appellant-State was not a proper way of reading the evidence. Respondent contended that the quantity seized was below 25 grams. He referred to a Notification No.G.0.327E dated 1617/1996 of the Central Government issued in exercise of power under Section 27 of the Act which . provided that accused found in possession upto 25 ยท grams of opium can be awarded such sentences as meant for "small quantities". According to him, the quantity of 20 grams was meant for his personal use. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 295 |
Petitioner | State Of Rajasthan |
Respondent | Bhanwar Lal & Anr. |
SCR | [2009] 5 S.C.R. 1 |
Judgement Date | 2009-03-03 |
Case Number | 145 |
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