Supreme Court · 2009 INSC 736 · Decided 6 May 2009
Raju Premji v. Customs Ner Shillong Unit
- Court
- Supreme Court of India
- Citation
- 2009 INSC 736 · [2009] 7 S.C.R. 839
- Case number
- CRIMINAL APPEAL No. 1647/2007
- Decided
- 6 May 2009
- Bench
- S.B. SINHA, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Evidence Act Section 26; NDPS Act Section 67, 53
Headnote
•, Narcotic Drugs and Psychotropic Substances Act, 1985: / ;, ' ss.21, 28 and 29- Conviction under, based on confession made in police custody - Held: Conviction not justified as c conditions precedent for taking drastic action under the Act were not complied with - No search warrant or complying with requirement of s.50 - There was no logic on part of police .authorities to transfer the case to custom authorities - No D summons were served on them - Appellants were in custody of police and therefore any statement made by them while in police custody would be inadmissible in
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