SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1994 Supreme(SC) 306

K.JAYACHANDRA REDDY, S.R.PANDIAN
State Of Punjab – Appellant
Versus
Balbir Singh – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, ASHOK SHARMA, G.K.BANSAL, Harjinder Singh, M.KAMARUDDIN, M.T.George, Naresh Bakshi, P.S.JHA, R.S.SODHI, R.S.Suri, RAMESHWAR GUPTA, S.JANANI, SANJIV MALHOTRA, SATISHVIG

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














































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top