Union Of India vs Jassuram - 2002 Supreme(SC) 514

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2002 Supreme(SC) 514

2002(6) Supreme 22
SUPREME COURT OF INDIA
R.P. Sethi & Doraiswamy Raju, JJ.
Union of India -Appellant
versus
Jassuram @ Jasraj -Respondent
Criminal Appeal Nos. 912-913 of 1998
Decided on 18-4-2002
Counsel for the Parties :
For the Appellant in both the Appeals : Mr. Altaf Ahmed, Additional Solicitor General of India, Mr. Uday Umesh Lalit & Ms. Sushma Suri, Advocates.
For the Respondent in both the Appeals : Mr. Doongar Singh, Mr. V.J. Francis & Mr. P.I. Jose, Advocates.

Headnote:Narcotic Drugs & Psychotropic Substances Act, 1985-Section 50-Acquittal by High Court for non-compliance of mandatory provisions of Section 50 of the Act-Appeal accused were not given right of their search being conducted in presence of Magistrate as well-No interference was warranted. (Para 2)

JUDGMENT

Doraiswamy Raju, J.-We have heard learned counsel for the parties.

2. We are satisfied that the mandatory provisions of Section 50 of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act ) were not complied with which entitled the respondents- accused being acquitted. In this case it does not appear that the accused were given any right of their search being conducted in the presence of a Magistrate as well. The High Court was therefore justified in acquitting the accused for violation of mandatory provisions of Section 50 of the NDPS Act on that ground alone.

3. Questions of law relating to interpretation and applicability of Section 42 or 43, as noticed by the High Court, is left open.

4. Appeals are dismissed accordingly.

Appeal dismissed.

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Parallel Citations of Other Journals:

Union of India v. Jssuram @ Jasraj, 2002(6) Supreme 22 : 2002 Crl.. L.R. (SC) 477.

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