Supreme Court · 2016 INSC 69 · Decided 19 January 2016
Surender @ Kala v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2016 INSC 69 · [2016] 1 S.C.R. 174
- Case number
- CRIMINAL APPEAL No. 50/2016
- Decided
- 19 January 2016
- Bench
- V. GOPALA GOWDA, UDAY UMESH LALIT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- NDPS Act Section 18, 50
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985: ss.18, 50 - Appellant suspected to be in possession of opium without any permit or licence - Opted search in presence of Gazetted Officer - Personal search undertaken and recovery of opium weighing 1 Kg. - Courts below convicted him u/s.18 - ground that the investigation was conducted by Sub-Inspector who himself was the complainant and therefore investigation was not proper and appellant was entitled to acquittal - Held: The search of the appellant was conducted in the presence of and under the instructions of the Gazeued Officer -
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