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DINESH MEHTA
State Of Rajasthan – Appellant
Versus
Karniya – Respondent
JUDGMENT
Dinesh Mehta, J. - The appellant-prosecution (hereinafter referred to as the 'appellant') has preferred the instant appeal against the order dated 07.03.1990 passed in Sessions Case No. 19/1988 (hereinafter referred to as the 'impugned judgment') by learned Sessions Court, Balotra (hereinafter referred to as the 'Trial Court), whereby the respondent-accused (hereinafter 'respondent') was acquitted of the charge under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985').
Facts:
2. On 16.12.1987, the S.H.O. Police Station-Siwana-Sh. Vishnulal upon receipt of information from an informant around 10:30 p.m. proceeded along with the police party and two independent witnesses, namely, Sh. Jesaram and Sh. Pukhraj who they picked from the Bus Stand-Siwana. Thereafter, they took a private vehicle to reach the Mokalsar Chauraha where they left the private vehicle and set up a barricade on the road that goes to the Agriculture Department to intercept the suspected person who was reported to be carrying opium.
3. Around
Non-compliance with Section 50 of the Act of 1985 renders recovery suspect and vitiates conviction.
Seizure of Opium – Trivial discrepancies cannot demolish well-established prosecution case, in which recovery of substance from accused has been proved.
The provisions of Section 43 of the Narcotics Drugs and Psychotropic Substances Act, 1985 apply to the search and seizure of a Public Transport Vehicle on a highway, and non-compliance of Section 42 ....
The main legal point established in the judgment is the mandatory compliance required for search and seizure under the NDPS Act, particularly emphasizing the strict adherence to the provisions of sec....
The main legal point established in the judgment is the importance of strict compliance with procedural requirements under the Narcotic Drugs and Psychotropic Substances Act, 1985, especially regardi....
Mandatory compliance with Section 50 of the NDPS Act is essential for lawful searches; failure to do so renders convictions unsustainable.
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