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

1997 Supreme(MP) 795

T.S.DOABIA
Kishan – Appellant
Versus
State of M. P. – Respondent


Advocates:
A.K. Shrivastava for appellant; P.D. Agarwal for State.

JUDGMENT

Appellant stands convicted under section 8 and 20(b) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution story is that on 15th of April 1996 Deepak Kapoor was Incharge of Police Station, Unarsi Kalan, Distt. Vidisha. He stopped the appellant. He found that appellant was carrying a small bag containing ganja. After this gonja was recovered the aforementioned police officer made further search of the motor cycle. Nothing more was found. The Ganja and the motor cycle were taken possession of. Seizure memo was prepared. A case was registered under the aforementioned provisions.

The appellant stands convicted as indicated above. The conviction is being challenged on the grounds :

(i) That there was non-compliance of section 50 of the Act, 1985.

(ii) that, sample in question was sent for examination after inordinate delay of one month;

(iii) that, if the documents Annexures P-3, P-4 and P-5 are read together then there is apparent inconsistency. It is accordingly argued that benefit of this inconsistency should go to the appellant.

So far as the argument raised by the learned counsel for the appellant vis-a-vis non-compliance of section 50 of the Act, 1985 is con



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