Supreme Court · 2009 INSC 17 · Decided 12 January 2009
Hamidbhai Azambhai Malik v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2009 INSC 17 · [2009] 1 S.C.R. 166
- Case number
- CRIMINAL APPEAL No. 164/2002
- Decided
- 12 January 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- NDPS Act Section 42, 20(b)(ii), 8(c)
Headnote
Narcotic Drugs and Psychopropic Substances Act, 1985 c - ss. 20 (b) (ii) and 42 - Information about possession of contraband articles by accused, in the course of an investigation against him - Search of the house of accused after intimation to higher officers - Conviction by courts below - Plea requirements of s. 42 (2) D - Held: Conditions incorporated in s. 42 not applicable where information about possession of contraband articles comes to notice during investigation - However, in the present case the conditions were complied with by the complainant. E In the course of investigation
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