Supreme Court · 2008 INSC 111 · Decided 28 January 2008
Ghasita Sahu v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 111 · [2008] 2 S.C.R. 95
- Case number
- CRIMINAL APPEAL No. 184/2008
- Decided
- 28 January 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 100; NDPS Act Section 20(b)(ii)
Headnote
• Narcotics Drugs and Psychotropic Substances Act, 1985: ss.42, 50 and 51 - Search of house - Conditions under s.42 complied by the Investigating Officer- 17. 750 kg. of ganja c recovered from one room - Right of accused to have search made in presence of Magistrate or Gazetted Held : Right is available where search is of 'person' of the accused - Since search was of his house, there was no breach of any right - Conviction upheld - Courts D below awarded sentence of 5 years- Considering that accused was middle-aged and coming from poor background, sentence of 5 years
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