REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1101 OF 2004

State of Delhi

… Appellant

Versus

Ram Avtar @ Rama

… Respondent

J U D G M E N T

Swatanter Kumar J.

1

Ingenuity of counsel sometimes results in formulation

propositions, which appear at the first flush to be legally

sound and relatable to recognized cannons of criminal

jurisprudence. When examined in greater depth, their

rationale is nothing but illusory; and the argument is without

substance. One such argument has been advanced in the

present case by the learned counsel appearing for the

appellant who contends that ‘even where the provisions of

Section 50 of the Narcotic Drugs and Psychotropic Substances

Act, 1985 (hereinafter referred to as ‘the Act’) have not been

complied with the recovery can otherwise be proved without

2

solely relying upon the personal search of the accused’.

According to the learned counsel, the courts are required to

take into consideration evidence of recovery of illicit material

independently of the factum of personal search of the accused

as stated by other witnesses as suc