Supreme Court · 2013 INSC 356 · Decided 28 May 2013

State of Rajasthan v. Bheru Lal

Court
Supreme Court of India
Citation
2013 INSC 356 · [2013] 6 S.C.R. 252
Case number
CRIMINAL APPEAL No. 36/2006
Decided
28 May 2013
Bench
B.S. CHAUHAN, DIPAK MISRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
NDPS Act Section 42, 8, 18

Headnote

Narcotic {!)rugs and Psychotropic Substances Act, 1985 - s.42 - Scope and applicability of - Search, seizure and C arrest carried out by Sub-Inspector in temporary charge as Station House Officer - Whether can be held to be carried out by unauthorized officer and hence violative of s.42- Held: As posted as Station House Officer - The officer in the instant D case (a Sub-Inspector) was posted as Station House Officer at the relevant time - Hence search, seizure and arrest by the officer not violative of s.42 - Notification No. F1(3)FD!Ex/85- 1 dated 16.10! 1986. E The question for

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