Tag: NDPS

Rajesh Dhiman Vs State of Himachal Pradesh-26/10/2020

Whether bias was caused by complainant also being the investigating officer?

Whether alternate version has been established and what is the effect of lack of independent witnesses?

Whether High Court erred in reversing acquittal in appeal?

Whether Sections 52, 55 and 57 of the NDPS Act is mandatory or directory?

NDPS-This Court in Gurbax Singh vs. State of Haryana (2001) 3 SCC 28 held that these provisions are not mandatory provisions and they are only directory. In the present case, we do not find any serious violation of these provisions. The prosecution adduced evidence to prove that these provisions have been substantially complied with and the Sessions Judge discussed these matters in detail and accepted the prosecution case.

S.K. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal [ALL SC 2018 SEPTEMBER]

September 05, 2018: Section 42 OF NDPS ACT-An empowered officer under Section 42(1) is obligated to reduce to writing the information received by him, only when an offence punishable under the Act has been committed in any building, conveyance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, including recording of information received by the empowered officer, is not mandatory, when an offence punishable under the Act was not committed in a building, conveyance or an enclosed place. Section 43 is attracted in situations where the seizure and arrest are conducted in a public place, which includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public-CONVICTION UPHELD.