Supreme Court · 2004 INSC 492 · Decided 2 September 2004
The State of West Bengal and ORS. v. Babu Chakraborty
- Court
- Supreme Court of India
- Citation
- 2004 INSC 492 · [2004] SUPP. 4 S.C.R. 17
- Case number
- CRIMINAL APPEAL No. 426/1998
- Decided
- 2 September 2004
- Bench
- K.G. BALAKRISHNAN, AR. LAKSHMANAN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 166, 167; CrPC Section 482; NDPS Act Section 21, 58
Headnote
B Criminal Law: Narcotic Drugs and Psychotropic Substances Act, 1985-Sec. 21, Sec. 8(c), 41(2), 42 (I), (2)-Non-compliance of mandatory requirements under~ No independent witness examined-Held, conviction not sustainable. Indian Penal Code 1908-Sec. 166, 167-NDPS Act, 1985-Section 58-Conviction compensation to be recovered from officers-Held, c such an order without affording an opportunity of hearing-Unwarranted- D Hence remarks expunged. Cr.P. C. Sec. 482-Inherent powers of High Court-Official act done in good faith-No malafides alleged-No grounds in the appeal attributing
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