Supreme Court · 2015 INSC 334 · Decided 17 April 2015
Mohan Lal v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2015 INSC 334 · [2015] 5 S.C.R. 435
- Case number
- CRIMINAL APPEAL No. 1393/2010
- Decided
- 17 April 2015
- Bench
- DIPAK MISRA, S.A. BOBDE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 457, 380; Evidence Act Section 27; Constitution Article 20(1), 457, 380; NDPS Act Section 18
Headnote
A B Narcotic Drugs and Psychotropic Substances Act, C 1985- ss. 18, 35, 42, 43 and 57 - Prosecution uls. 18 rlw. ss. 457 and 380 of Penal Code - For theft of opium and possession thereof - Recovery of the contraband at the instance of the accused from a public place where he had 0 concealed the that the Act was not applicable since the offence was committed before enforcement thereof; that conviction under the Act would tantamount to retrospective operation which is against Art. 20(1) of the Constitution; that E conviction is vitiated for non-compliance of ss. 42(2) and 57; that
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