Supreme Court · 2002 INSC 207 · Decided 16 April 2002

Beckodan Abdul Rahiman v. State of Kerala

Court
Supreme Court of India
Citation
2002 INSC 207 · [2002] 3 S.C.R. 53
Case number
CRIMINAL APPEAL No. 619/1997
Decided
16 April 2002
Bench
R.P. SETHI, D.M. DHARMADHIKARI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
NDPS Act Section 42(2), 50, 18

Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985-Sections 42(2) and 50-Mandatory provisions-Non-compliance-Effect of-Held, in view of A B the violation of mandatory provisions accused entitled to be acquitted. C Accused-appellant was prosecuted under Sections 9(c) r/w Section 18 of Narcotic information, searched the accused in presence of witness and found him in possession of opium. When the accused was inquired as to whether he would like to meet any higher official or Gazetted D Officer he replied in negative. He was convicted and sentenced for the offence by trial court and in

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