Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 22 J 985 Ss. 8(c) 29 Narcotic Drugs and Psychotropic Substances Act accused must be informed about statutory requirements in regard to D search and seizur 42 66 and 67: Narcotic drugs-Possession of----Search and seizure-Requirement of-Held: Power to make search and seizure founded upon and subject to satisfaction of the authority-Jn terms of provision u/s. J 65 Cr.P. C. 43 |
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. 8(c), 22, 29, 42, 43, 66 and 67:Narcotic drugs - Possession of - Search and seizure-Requirement of - Held: Power to make search and seizure founded upon and subject to satisfaction of the authority - In terms of provision u/s. 165 Cr.P.C., accused must be informed about statutory requirements in regard to search and seizure - An authority cannot be given an untrammeled power to infringe the right of privacy of any person - Court has to see that such right not infringed unnecessarily - Statute mandates that prosecution must prove compliance of the provisions - In the absence of any evidence. the Court shall presume non-compliance of the provisions by the prosecution - In the instant case, statutory requirements not complied with - Information, a fax message, received by the authority was illegible. therefore, not admissible in evidence in terms of s.67 of the Act - Xeroxed copy of the fax, as furnished not proved in terms of s. 66 of the Act - Besides, no secondary evidence could have been led lo prove another secondary evidence-Hence, the impugned judgment of the High Court reversing the judgment of trial Court convicting accused on ground of non-compliance with the statutory requirements of s. 42 of the Act, does not suffer from any legal infirmity - Code of Criminal Procedure, 1973 - s. 165 - Evidence Act, 1872 - Evidence - Secondary evidence - Interpretation of Statutes.NDPS Act - Scope of - Discussed.Search & Seizure - Right of privacy - Protection of - Discussed.Constitution of India, 1950; Article 21: Narcotic drugs - Possession of - Search and seizure in terms of provisions u/s.42 of 1905 Act vis-a-vis doctrine of due process under Article 21 of the Constitution - Held: Draconian provision under a statute may lead to harsh sentence-Therefore, protection of citizen from oppression and injustice is imperative - Thus, there is a need of striking balance between the requirement of law and enforcement thereof - Narcotics Drugs and Psychotropic Substances Act, 1905; s. 42 - Interpretation of Statutes.On receipt of an information, a fax message, that a person staying at a Hotel in Mumbai was in possession of Mandrex tablets for being transported from Delhi to Mumbai, a team of the Officers of Directorate of Revenue and Intelligence proceeded to the Hotel and searched the suspect. A sum of Rs.4,25,000/- in cash and a fax copy of a receipt of Carriers from Delhi showing the consignment of the drugs was found in the Hotel room. The statement of the accused was also recorded in terms of Section 67 of the Narcotics Drugs & Psychotropic Substances Act. Later, the consignment arrived as per details in the receipt. Accused-respondent was arrested relying on and on the basis of recovery of the fax message. The trial Court relying on the provisions under Section 66 of the Act held the respondent guilty of commission of an offence under Sections 8(c), 22 and 29 of the Act and sentenced him to imprisonment for 10 years and also imposed a fine of Rs.1,00,000/- on him. On appeal, the judgment of the trial Court was reversed by the High Court holding that the statutory requirements of Section 42 of the Act had not been complied with. Hence the present appeal. Revenue contended that as a hotel is a public place within the meaning of Section 43 of the Act, it was not necessary for the authority to comply with the provisions of Section 42 thereof. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1226 |
Petitioner | Directorate Of Revenue & Anr. |
Respondent | Mohammed Nisar Holia |
SCR | [2007] 12 S.C.R. 906 |
Judgement Date | 2007-12-05 |
Case Number | 311 |
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