1997 Supreme(SC) 1270

SUPREME COURT OF INDIA
ABDULBHAI DAUDBHAI
Vs.
State of Gujarat
Decided on September 24, 1997

Failure to follow mandatory provisions can lead to the setting aside of a conviction.

Headnote:

Section 50 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Failure to follow mandatory provision led to conviction being set aside

Fact of the Case:

The court found that the mandatory provision of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was not followed, leading to the inability to sustain the conviction in the appeal.

Finding of the Court:

The court analyzed that the reliance on an earlier decision of the Gujarat High court was overruled by a decision of the Supreme Court, leading to the setting aside of the conviction and sentence passed against the appellant.

Issues: Failure to follow mandatory provision of Section 50, reliance on overruled decision by Gujarat High court

Ratio Decidendi: The failure to follow the mandatory provision of Section 50 and the overruling of the decision by the Gujarat High court influenced the court's decision to set aside the conviction.

Final Decision: The appeal was allowed, and the conviction and sentence passed against the appellant were set aside, with the appellant directed to be released forthwith if not wanted in connection with any other criminal case.