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2002 Supreme(SC) 2238
SUPREME COURT OF INDIA
R.P. Sethi, Doraiswamy Raju, JJ.
State of Kerala - Petitioner
Versus
Pappachan - Respondent
Criminal Appeal No. 1167 of 1998
Decided On : 18-04-2002
Non-compliance with statutory provisions can lead to the dismissal of an appeal.
Headnote:
Section 50 - Narcotic Drugs & Psychotropic Substances Act, 1985 - The court found that the respondent-accused was not given the option of being searched by a Magistrate besides a Gazetted Officer, leading to non-compliance with Section 50 of the NDPS Act. The court refrained from commenting on the position of law with respect to Section 42 of the NDPS Act as noticed by the High Court.
Fact of the Case:
The respondent-accused was not given the option of being searched by a Magistrate besides a Gazetted Officer, leading to non-compliance with Section 50 of the NDPS Act.
Finding of the Court:
The court found no merit in the appeal and dismissed it due to the non-compliance with Section 50 of the NDPS Act.
Issues:
Ratio Decidendi: Non-compliance with Section 50 of the NDPS Act led to the dismissal of the appeal.
Final Decision: The appeal was dismissed.
JUDGMENT :
R.P. Sethi, J.
We have heard learned counsel for the parties.
2. From the facts of the case it transpires that the provisions of Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N DPS Act') were not complied with as the respondent-accused was not given an option of being searched by a Magistrate besides a Gazetted Officer. As the conviction is not sustainable on the ground of violation of Section 50 of the NDPS Act, we refrain to comment upon the position of law with respect to Section 42 of the NDPS Act, as noticed by the High Court.
3. There is no merit in the appeal, which is accordingly dismissed.
Appeal Dismissed.
