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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985-Sections 15 and 50-Accused prosecuted for possessing 15 bags of poppyhusk-Accused found sitting on the bags-Search of bags by Police-Plea of false implication by accused-Negatived-Conviction by Trial Court-Acquittal by High Court for non-compliance of Section 50-On appeal, held: Conviction justified-:- Section 50 not attracted in the case, as search of bags would not amount-to search of the person of the accused-Also in the facts and circumstances of the case, false implication of accused not acceptable. PW-3 and PW-1, the police officials, were on patrol duty. PW-3 got a secret information that at a particular place poppyhusk was unloaded on previous night and the respondent-accused was waiting there for customers. The party and Superintendent of Police (PW-2) reached the place, where they found 15 bags on which respondent was sitting. On search of the bags poppyhusk was found while on his personal search nothing incriminating was found. Accused in his statement u/s. 313 Cr.P.C. stated that he was falsely implicated by the police as the police officials were inimical towards him as High Court had imposed fine on the friend of PW-3 and other police officials for illegal detention of the respondent on a previous occasion. Trial Court found the respondent guilty of offence u/s. 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 and convicted and sentenced him accordingly. On appeal High Court held that his conviction was bad for non-compliance of Section 50 of the Act and hence acquitted him. In appeal to this Court respondent-accused contended that the search in the case would amount to personal search attracting Section 50 of the Act and that he was falsely implicated in the case. |
Judge | Hon'ble Mr. Justice B.P. Singh |
Neutral Citation | 2005 INSC 107 |
Petitioner | State Of Punjab |
Respondent | Balwant Rai |
SCR | [2005] 2 S.C.R. 408 |
Judgement Date | 2005-02-24 |
Case Number | 1240 |
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