Supreme Court · 2013 INSC 724 · Decided 28 October 2013
Gurjant Singh @ Janta v. State of Punjab
- Court
- Supreme Court of India
- Citation
- 2013 INSC 724 · [2013] 12 S.C.R. 180
- Case number
- CRIMINAL APPEAL No. 1868/2013
- Decided
- 28 October 2013
- Bench
- S.S. NIJJAR, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313; NDPS Act Section 42, 50
Headnote
NARCOTIC DRUGS AND PSYCHOTROPIC C SUBSTANCES ACT, 1985: s. 50 - Requirement and purpose of search and seizuri9 in presence of a Gazetted Officer or Magistrate - Explained. ss.42 and 50 rlw s.15 - Appellant caught carrying 3 bags D of poppy husk in tractor trolley - Conviction of of 10 years RI and fine of Rs. 1 lakhs u/s 15 - Upheld by High Court - Held: Compliance of s. 50 of conducting search in the presence of Gazetted Officer or a Magistrate, cannot be an empty formality and cannot be dealt E with lightly by courts -- Conclusion of trial court that ss.42 and 50 were
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