Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substance Act 1985 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Narcotic Drugs and Psychotropic Substance Act, 1985: s.50 - Search and seizure - Safeguards provided u/s.50 - Obligation of the searching officer to inform the person to be searched about his right to be taken to _the nearest Gazetted Officer or a Magistrate '.""' Held: The accused has right to be informed of the choice available to· him as regards his search - The duty is cast upon the searching officer to make the accused aware of existence of such right - Failure to provide such option in accordance with the provisions of the Act, render the recovery of contraband /illicit substance illegal - After amendment of s.50 and insertion of.sub-section 5, the mandate of s. 50(2) has not been nullified, and the obligation upon the searching officer to inform the person to ·be searched of his rights still remained - Obviously, the legislative intent is that compliance with these provisions is imperative and not merely substantial compliance - While discharging the onus of s. 50, the prosecution has to establish that information regarding the existence of such a right had been given to the suspect - Notice to the accused that a Gazetted Officer or a Magistrate could be arranged for taking his search, if he so required could not be treated as communicating to him about rights available to him under law.s.21 - Conviction under - Essential ingredients - Held: For conviction u/s.21, the possession of the illicit article is a sine qua non -Contraband article should be recovered in accordance with the provisions of s.50 of the Act, otherwise, the recovery itself shall stand vitiated in law - Illegal recovery cannot be the foundation of conviction u/s.21 of the Act .Criminal jurisprudence: Theory of substantial 'compliance' - Held: It is a settled canon of criminal jurisprudence that when a safeguard or a right is provided, favouring the accused, compliance thereto should be strictly construed - The theory of 'substantial compliance' would not be applicable to situations where the punishment provided is very harsh and is likely to cause serious prejudices against the suspect - The safeguard cannot be treated as a formality, but it must be construed in its proper perspective, compliance thereof must be ensured - Narcotic Drugs and Psychotropic Substance Act, 1985 - Interpretation of statutes. |
Judge | Hon'ble Mr. Justice Swatanter Kumar |
Neutral Citation | 2011 INSC 475 |
Petitioner | State Of Delhi |
Respondent | Ram Avtar@ Rama |
SCR | [2011] 7 S.C.R. 1129 |
Judgement Date | 2011-07-07 |
Case Number | 1101 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |