Supreme Court · 2002 INSC 224 · Decided 24 April 2002
Union of India and ORS. v. L.D. Balam Singh
- Court
- Supreme Court of India
- Citation
- 2002 INSC 224 · [2002] 3 S.C.R. 385
- Case number
- CRIMINAL APPEAL No. 1368/1999
- Decided
- 24 April 2002
- Bench
- U.C. BANERJEE, Y.K. SABHARWAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 33; NDPS Act Section 18
Headnote
B "' ,. Constitution of India, I950-Article 33-Fundamental rights- .. Applicability of to army personnel-Held, army personnel does not form a class of citizen fa/ling outside the purview of the Constitution-The provision C by itself does not abrogate any rights-Its applicability is dependent and 50-Procedural safeguards-Applicability of to army perso11nel­ Offence under NDPS Act-Trial under Army Act-Held, trial without taking D recourse to statutory safeguards under NDPS Act would be void and hence the trial would stand vitiated-Army Act, 1950-Section 69 . Opium was recovered from
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