Supreme Court · 2000 INSC 518 · Decided 10 November 2000
Roy V.D. v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2000 INSC 518 · [2000] SUPP. 4 S.C.R. 539
- Case number
- CRIMINAL APPEAL No. 967/2000
- Decided
- 10 November 2000
- Bench
- S.S.M. QUADRI, S.N. PHUKAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482, 227; Constitution Article 2; NDPS Act Section 41, 42, 20(b)(i), 41(2), 42(1), 36A
Headnote
B Narcotic Drugs and Psychotropic Substances Act, 1985-Sections 41 and 42-Power of entry, search, seizure and arrest without warrant or authorisation under-Scope of-Held, any collection of material, detention C or arrest of a person or search of a building or conveyance or seizure effected by an sanction of law and is inherently illegal and as such cannot form the basis of a proceeding in respect of offences under Chapter JV of the Act and use of such material by the prosecution vitiates ~~ D Criminal Procedure Code, 1973-Section 482- Jurisdiction of High Court under-Prosecution
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