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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law : Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50(1) - Contraband article - Search and seizure of - Right of accused - To be searched in the presence of gazetted officer or a Magistrate - Intelligence Officer, who searched the accused, deposed about due compliance with S.50(1) - However, no independent evidence or other supportive documentary evidence - Held: In the circumstances of the case, oral evidence of Intelligence Officer sufficient for Proving due compliance with S. 50(1) - Subsequent involvement of Intelligence Officer in a case under the Act, inconsequential. Section 8(c) and 21 - Accused found in possession of heroin without valid permit - Two samples of seized heroin were prepared by the court assistant in presence of Magistrate - Samples Properly packed, sealed and sent to chemical analyst who found seal intact - Inconsistency in the evidence of chemical analyst and court assistant as regards weight of samples - Held, Such inconsistency does not mean sample examined by chemical analyst was not heroin-seized.Evidence Act, 1872, Section 24. Confessional statement - Made by accused - While in custody of Intelligence Officer, Narcotics Intelligence Bureau - No complaint of threat and pressure made by accused when produced before Magistrate on the next day - No complaint thereafter till statement recorded under S. 313 Cr.PC. - Voluntary nature - Held, In the circumstances of the case, accused made confessional statement voluntarily. |
Judge | Hon'ble Mr. Justice G.T. Nanavati |
Neutral Citation | 1999 INSC 277 |
Petitioner | Pon Adithan |
Respondent | Deputy Director, Narcotics Control Bureau, Madras |
SCR | [1999] 3 S.C.R. 897 |
Judgement Date | 1999-07-16 |
Case Number | 11 |
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