Supreme Court · 2011 INSC 119 · Decided 11 February 2011
Jarnail Singh v. State of Punjab
- Court
- Supreme Court of India
- Citation
- 2011 INSC 119 · [2011] 2 S.C.R. 888
- Case number
- CRIMINAL APPEAL No. 1960/2009
- Decided
- 11 February 2011
- Bench
- B. SUDERSHAN REDDY, S.S. NIJJAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 293, 313; Evidence Act Section 25; Constitution Article 136; NDPS Act Section 50, 18
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985: s.50 - Scope, ambit and applicability of- Held: S.50 can be invoked only in cases where the drug/narcotic is recovered as a consequence of body search of the accused - In case, the recovery of the narcotic is made from a container being 0 of s.50 would not be attracted. Opium seized from accused - Gap of 12 days between the seizure and the sending of opium sample to the Chemical examiner - Held: On facts, the delay in sending the samples E was not fatal to the prosecution case - There was no infirmity in the link evidence -
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