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 1985: Section 50 |
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: Section 50.Contraband article-Search and seizure of-Held: Search and seizure of contraband article are to be effected in accordance with the NDPS Act and the Rules and guidelines framed thereunder-If there is any violations of these guidelines, courts would take a serious view and the benefit would be extended to the accused. Contraband article-Search and seizure of-Seizure Mahazar-Preparation of-Held: Seizure mahazar should be prepared at the spot itself from where the contraband article is recovered-However, if the seizure mahazar cannot be prepared at the spot itself, it can be prepared at a later stage provided there are justifiable and reasonable grounds to do so. Evidence Act, 1872: Section 5-Relevancy of facts-Illegal evidence-Admissibility of-Held: Such evidence will not become inadmissible-But court should consider all the circumstances to see if any serious prejudice is caused to the accused. If such evidence is in complete defiance of law and there is a possibility of tampering with such evidence, it is not liable to be admissible. The appellant was convicted and sentenced under Sections 17, 18, and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The High Court upheld the conviction and sentence. Hence this appeal. According to the prosecution, the appellant was found sitting in a truck with a cloth basket in his hand. A polythene bag was found in the basket which contained some black substance. The appellant was brought to the Office of the Customs where the said black substance was seized, samples were taken from it and were sealed. On chemical examination it was revealed that the samples were opium. On behalf of the appellant it was contended that the police officer did not prepare the seizure mahazar at the spot and thereby violated provisions of the NDPS Act; that there was delay in depositing the seized drug in the godown; and, therefore, the evidence obtained by such illegal seizure was inadmissible. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2002 INSC 158 |
Petitioner | Khet Singh |
Respondent | Union Of India |
SCR | [2002] 2 S.C.R. 598 |
Judgement Date | 2002-03-20 |
Case Number | 31 |
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