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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
PRAMOD KUMAR SRIVASTAVA
Munna – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. overview of facts related to the prosecution case. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments of the appellants challenging the trial court's findings. (Para 10 , 11 , 12) |
| 3. court's observations on the compliance with section 50 of the ndps act and investigation irregularities. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 4. decision to allow the appeals and set aside the trial court's conviction. (Para 44) |
| 5. conclusion and order regarding the acquittal of the appellants. (Para 45 , 46 , 47) |
JUDGMENT :
PRAMOD KUMAR SRIVASTAVA, J.
1. Heard, Shri Avinash Srivastava, learned counsel for the appellants and Shri Bishvanath Nishad, learned AGA for the State.
2. By means of the captioned appeals the appellants have assailed the correctness of the judgment and order dated 21.08. 2007 by which the learned additional sessions judge, fast track court no 30 district Barabanki in criminal trial no 22/2000 State v Kamlesh Case crime no. 12/2000 convicted the appellant (Kamlesh) to undergo RI for six months and a fine of Rs 5000 and in default of fine further impr
Compliance with Section 50 of the NDPS Act is mandatory, and failure to adhere to procedural safeguards undermines convictions, particularly in cases with no independent corroboration.
NDPS Act – Search and seizer of contraband – Conviction set aside - prosecution has not complied with the provisions of Section 42 of NDPS Act as the information alleged to have been received regardi....
Non-compliance with Section 50 NDPS Act for personal search renders contraband recovery suspicious and vitiates conviction based thereon, as safeguards are mandatory.
Offering third option of police search under Section 50 NDPS Act, alongside Magistrate or Gazetted Officer, vitiates recovery from clothing; combined with procedural doubts and contradictions, mandat....
Mandatory compliance with Section 50 of the NDPS Act is essential for lawful searches; failure to do so renders convictions unsustainable.
The court emphasized strict compliance with Section 50 of the NDPS Act, holding that failure to inform the accused of his right to a personal search before a Gazetted Officer or Magistrate invalidate....
Strict compliance with the provisions of Section 50 of the NDPS Act, particularly in informing the accused of their right to be searched before a Gazetted Officer or Magistrate, is mandatory and non-....
The mandatory requirements under Section 50 of the NDPS Act must be strictly followed to ensure an individual's rights during searches; failure to comply renders any recovery and subsequent convictio....
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