Supreme Court · 1994 INSC 419 · Decided 28 September 1994

Ali Mustaffa Abdul Rahman Moosa v. State of Kerala

Court
Supreme Court of India
Citation
1994 INSC 419 · [1994] SUPP. 4 S.C.R. 52
Case number
CRIMINAL APPEAL No. 348/1991
Decided
28 September 1994
Bench
A.S. ANAND, FAIZAN UDDIN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 313; NDPS Act Section 20(b)(ii), 50

Headnote

Narcotic Drngs and Psychotropic Substances Act, 1985 : Section 5(}--Search and seizure-In the presence of a Gazetted Officer C or a Magistrate-Option to the accused-Held : Mandatory and non-com­ pliance of the same would vitiate the conviction. The appellant was found in possession of 780 Act, 1985 and sentenced to 11 years rigorous imprisonment D and a fine of Rs. 1 lakh, by the Sessions Judge. On appeal the High Court reduced the sentence to 10 years R.I. but maintained the fine. Hence this appeal. The main contention on behalf of the appellant was that the provisions ofS.50

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