K.JAYACHANDRA REDDY, S.R.PANDIAN
State Of Punjab – Appellant
Versus
Balbir Singh – Respondent
Judgment
K. JAYACHANDRA REDDY, J.:- In almost all the above cases the State of Punjab is the petitioner. The common question that arises for consideration is whether any arrest and search of a person or search of a place without conforming to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short), become illegal and consequently vitiate the conviction. The trial court in these cases acquitted the accused on the ground that the arrest, search and seizure were in violation of some of the relevant and mandatory provisions of the NDPS Act. The High Court declined to grant leave to appeal against the said order of acquittal. Questioning the same the State of Punjab has filed these special leave petitions and appeals. In a few cases, the convicted accused also have questioned their convictions on the ground that arrest and trial were illegal. Since a common question arises in all these matters, they are being disposed of by a common judgment.
2. The principal contention of Mr. Suri, learned counsel appearing for the State of Punjab is that in all these cases, the police officers effected arrest, search and seizure on reasonable suspicion that a cogn
followed : Bai Radha v. State of Gujarat
relied on : K.L. Subhayya v. State of Karnataka
Shyam Lal Sharma v. State of M.P.
State of Punjab v. Wassan Singh
State of Maharashtra v. P.K. Palhak
State of Maharashtra v. Natwarlal Damodardas Soni
R.S. Seth Gopikisan Agarwal v. R.N. Sen, Assistant Collector of Customs and Central Excise
relied on : Partap Singh (Dr) v. Director of Enforcement, Foreign Exchange Regulation Act
K.L. Subhayya v. State of Karnataka
Govind Lal Chaggan Lal Patel v. Agriculture Produce Market Committee
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