Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(SC) 783

2009(4) Supreme 283
SUPREME COURT OF INDIA
Dr. Arijit Pasayat and Asok Kumar Ganguly, JJ.
State of Rajasthan — Appellant(s)
versus
Babu Lal — Respondent(s)
Criminal Appeal No. 859 of 2004
Decided on : 21-04-2009

Advocates appeared:
For the Appellant :Milind Kumar, Advocate.
For the Respondent:Asok Kumar Singh, Advocate.

IMPORTANT POINT
Where High Court after referring to various factual aspects came to conclusion that provisions of Section 42(2) were not complied with, conviction of respondent under sections 8/21 of Narcotics Drugs and Psychotropic Substances Act, 1985 could not be sustained.

Headnote:Narcotics Drugs and Psychotropic Substances Act, 1985 – Sections 8/21, 42(2) – Conviction of respondent for being found in possession of a huge quantity of Brown Sugar – On appeal, High Court acquitted respondent on ground of non-compliance with requirement of Section 42(2) of the Act – Appeal against acquittal – High Court after referring to various factual aspects came to conclusion that provisions of Section 42(2) were not complied with – The documents required to prove receipt of oral information were not brought on record – No interference warranted with impugned judgment of High Court – Appeal dismissed. (Para 4)
       Facts of the Case :
        1. Respondent herein in the instant case was convicted for being found in possession of a huge quantity of Brown Sugar. On appeal, High Court acquitted respondent on ground of non-compliance with requirement of Section 42(2) of the Act.
        2. Present appeal has been filed against said order of High Court.
       Findings of the Court :
        High Court after referring to various factual aspects came to conclusion that provisions of Section 42(2) were not complied with. The documents required to prove receipt of oral information were not brought on record. Hence held that no interference was warranted with impugned judgment of High Court. Appeal was dismissed.
       Result : Appeal dismissed.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of acquittal passed by a learned Single Judge of the Rajasthan High Court, Jodhpur Bench. The respondent was convicted for offence punishable under Section 8/21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter refeerred to as ‘the Act’). The respondent was found in possession of a huge quantity of Brown Sugar and the Trial Court held that all the requisite procedure was followed and, therefore, according to the Trial Court, the prosecution version was established. The High Court found that there was non-compliance with the requirement of Section 42(2) of the Act.

2. Various factual aspects have been highlighted by the High Court to come to this conclusion.

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2009 Supreme(SC) 783

2009(4) Supreme 283SUPREME COURT OF INDIADr. Arijit Pasayat and Asok Kumar Ganguly, JJ.State of Rajasthan — Appellant(s)versusBabu Lal — Respondent(s)Criminal Appeal No. 859 of 2004Decided on : 21-04-2009

IMPORTANT POINT Where High Court after referring to various factual aspects came to conclusion that provisions of Section 42(2) were not complied with, conviction of respondent under sections 8/21 of Narcotics Drugs and Psychotropic Substances Act, 1985 could not be sustained.

2009(4) Supreme 283
SUPREME COURT OF INDIA
Dr. Arijit Pasayat and Asok Kumar Ganguly, JJ.
State of Rajasthan — Appellant(s)
versus
Babu Lal — Respondent(s)
Criminal Appeal No. 859 of 2004
Decided on : 21-04-2009

IMPORTANT POINT
Where High Court after referring to various factual aspects came to conclusion that provisions of Section 42(2) were not complied with, conviction of respondent under sections 8/21 of Narcotics Drugs and Psychotropic Substances Act, 1985 could not be sustained.