Supreme Court · 2006 INSC 895 · Decided 24 November 2006

Dilip and ANR. v. State of M.P.

Court
Supreme Court of India
Citation
2006 INSC 895 · [2006] SUPP. 9 S.C.R. 390
Case number
CRIMINAL APPEAL No. 1480/2004
Decided
24 November 2006
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 161; NDPS Act Section 8118, 42, 50, 57

Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985; Ss. 8118, 42, 50 and 57: Search and seizure of Narcotic Drugs-Recovery of Opium-Arrest of accused-Acquitted by trial Court holding that the search and seizure vitiated in law for non-compliance of mandatory statutory requirements in terms of support the case of prosecution and declared hostile- D High Court without assigning any reasons held that the provisions of Section 42 and also Section 50 of the Act are not required to be complied with­ First Information Report did not contain any statement about compliance qf the

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