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 Act 1985: s.50 |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985: s.50 –Prosecution case was that the appellant was carrying contrabandsubstance in a bag – On search of bag in presence of DSP, thesubstance in bag was found to be opium of 7.04 kg – Two samplesof 20 gms each were taken and sealed – Case property along withtwo samples deposited in Malkhana and next day produced beforethe Magistrate – Samples parcels sent to FSL and found to beopium – Acquittal by trial court for non-compliance of s.50 of theAct and on the ground that the order of the Magistrate did not showthat the seal of sample sent to FSL tallied with the seal of thecontraband and, thus evidence regarding such production of caseproperty before the Magistrate was not trustworthy – On appeal,High Court held that recovery of contraband from a bag/attachewhich the accused was carrying in his hands would not amount tosearch of person and as such s.50 would not apply and further, thecase property parcels of samples and sealed samples were dulyproduced before Magistrate – Based on the said finding, High Courtreversed the order of acquittal and convicted appellant u/s.18 andsentenced him to undergo ten years imprisonment – On appeal, held:Oral evidence of PW-3 and PW-5 as to the deposit of the contrabandseized from the accused with Malkhana is not corroborated by thedocumentary evidence – In the absence of the order of theMagistrate showing that the contraband seized from the accusedwas produced before the Magistrate, the oral evidence adducedthat the contraband was produced before the Magistrate cannotform the basis to record the conviction – In an appeal againstacquittal, the High Court wi ll not interfere unless there aresubstantial and compelling reasons to reverse the order of acquittal –Considering the case in hand, the findings of the trial court cannotbe said to be ‘distorted conclusions’ warranting interference – Based on the oral evidence of PW-2 and PW-3, the High Court ought notto have interfered with the order of acquittal and the conviction ofthe appellant under s.18 of the Act was not sustainable.Narcotic Drugs and Psychotropic Substances Act, 1985: s.50 –Personal search – Carrying the contraband substance in the scooter/bag cannot be said to be ‘by the person’ necessitating complianceof s.50 of the Act for personal search. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 705 |
Petitioner | Mohinder Singh |
Respondent | The State Of Punjab |
SCR | [2018] 10 S.C.R. 910 |
Judgement Date | 2018-07-14 |
Case Number | 2182 |
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