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 Jurisdiction of High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985-Sections 41 and 42-Power of entry, search, seizure and arrest without warrant or authorisation under-Scope of-Held, any collection of material, detention or arrest of a person or search of a building or conveyance or seizure effected by an officer not being an empowered officer or an authorised officer under Section 41(2) of the Act, lacks sanction of law and is inherently illegal and as such cannot form the basis of a proceeding in respect of offences under Chapter IV of the Act and use of such material by the prosecution vitiates the trial.Criminal Procedure Code, 1973-Section 482- Jurisdiction of High Court under-Prosecution started on an illicit material collected on search and arrest which were per se illegal, vitiate not only the conviction and sentence based on such material but also the trial itself-Held, in such a case not quashing the proceedings would perpetuate abuse of the process of the court resulting in great hardship and injustice to the accused-Thus, exercise of power under Section 482 to quash such proceedings would indeed secure the ends of justice.Constitution of India-Article 21-Rights under-Held, the life and p personal liberty of an individual is so sacrosanct that it cannot be allowed to be interfered with except under the authority of law-Further, Article 21 guarantees protection of life and personal liberty not only to citizens but also to aliens. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 2000 INSC 518 |
Petitioner | Roy V.d. |
Respondent | State Of Kerala |
SCR | [2000] Supp. (4) S.C.R. 539 |
Judgement Date | 2000-11-10 |
Case Number | 967 |
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