State of Rajasthan Vs. Shanti
EmailAppeal: Criminal Appeal No. 957 of 2003
[From the Judgment and Order dated 08.03.2002 of the Hon’ble High Court of Judicature of Rajasthan in S.B. Crl. Appeal No. 356/1991]
[From the Judgment and Order dated 08.03.2002 of the Hon’ble High Court of Judicature of Rajasthan in S.B. Crl. Appeal No. 356/1991]
Petitioner: State of Rajasthan
Respondent: Shanti
Apeal: Criminal Appeal No. 957 of 2003
[From the Judgment and Order dated 08.03.2002 of the Hon’ble High Court of Judicature of Rajasthan in S.B. Crl. Appeal No. 356/1991]
[From the Judgment and Order dated 08.03.2002 of the Hon’ble High Court of Judicature of Rajasthan in S.B. Crl. Appeal No. 356/1991]
Judges: Dr. Arijit Pasayat & Asok Kumar Ganguly, JJ.
Date of Judgment: Apr 21, 2009
Appearances:
Appearances
Mr. Manish Singhvi, Mr. Milind Kumar, Advocates for the Appellant.
Mrs. Nanita Sharma, Advocates for the Respondents.
Mr. Manish Singhvi, Mr. Milind Kumar, Advocates for the Appellant.
Mrs. Nanita Sharma, Advocates for the Respondents.
Head Note:
CRIMINAL LAWS
Narcotic Drugs and Psychotropic Substances Act, 1985
Sections 42(2), 50, 55 and 57 – Recovery of 10 kg. opium – On disclosure statement another 20 kg. recovered – Trial Court acquitting all on the ground of non-compliance of Sections 42(2), 50, 55 and 57 – High Court confirming acquittal. Held Section 50 has application only when there was personal search. In the instant case the samples were collected, after seizure, from accused’s bag. But there was non-compliance of the requirement of Section 42(2). That being so, appeal dismissed.
Narcotic Drugs and Psychotropic Substances Act, 1985
Sections 42(2), 50, 55 and 57 – Recovery of 10 kg. opium – On disclosure statement another 20 kg. recovered – Trial Court acquitting all on the ground of non-compliance of Sections 42(2), 50, 55 and 57 – High Court confirming acquittal. Held Section 50 has application only when there was personal search. In the instant case the samples were collected, after seizure, from accused’s bag. But there was non-compliance of the requirement of Section 42(2). That being so, appeal dismissed.
JUDGEMENT:
Dr. ARIJIT PASAYAT, J.
1. Heard learned counsel for the State and for the respondent.
2. Challenge in this appeal is to the judgment of the learned single Judge of Rajashtan High Court at Jodhpur dismissing the appeal filed by the State questioning the correctness of the judgment of acquittal recorded by learned Additional District and Sessions Judge No.2, Hanumangarh. Two persons faced trial for alleged commission of offences under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the `NDPS Act’).
3. Allegation was that on 18/1/1999 the Station House Officer, Police Station Pilibanga received secret information that the respondent Shanti and her son Darshan alongwith her husband Shankar Lal were habitually indulging in the sale and purchase of opium and the respondent Smt. Shanti was expected to come with opium near a particular place. The police officer reached the place and found that the respondent was carrying a bag in her hand. She was stopped and searched. The bag was found to carry about 10 kgs. of opium. On the information given by her, another 20 kgs. were seized from near her residential house. Accused Shankar Lal was also arrested in connection with the second recovery of 20 kgs. of opium. Charge-sheet was filed after investigation. As the accused persons pleaded innocence trial was held. The trial Court found that there was violation of the provisions of Section 42 (2), 50, 55 and 57 of the NDPS Act and acquitted the accused. Questioning the acquittal, the High Court was moved by the State. The High Court did not find any substance in the
appeal filed by the State and dismissed it.
4. So far as the present appeal is concerned, it has to be noted that the special leave petition was dismissed against the respondent No.2 i.e. Shankar Lal and notice was issued qua the present respondent.
5. Learned counsel for the appellant stated that Section 50 had no application because there was no personal search. It is also pointed out that Sections 55 and 57 are not mandatory. The prosecution version was clearly established. Learned counsel for the respondent on the other hand submitted that the trial Court and the High Court have found that there was noncompliance with the requirement of Section 42(2).
6. So far as the conclusions regarding Section 50 recorded by the trial Court and the High court are concerned, they same are not in line with what this Court has said. Section 50 has application only when there was personal search. In the instant case the samples were collected, after seizure, from her bag. Nevertheless, there has been noncompliance with the requirement of Section 42(2) as recorded both by the trial Court and the High Court. That being so there is no merit in this appeal.
7. The appeal is dismissed accordingly.
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1. Heard learned counsel for the State and for the respondent.
2. Challenge in this appeal is to the judgment of the learned single Judge of Rajashtan High Court at Jodhpur dismissing the appeal filed by the State questioning the correctness of the judgment of acquittal recorded by learned Additional District and Sessions Judge No.2, Hanumangarh. Two persons faced trial for alleged commission of offences under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the `NDPS Act’).
3. Allegation was that on 18/1/1999 the Station House Officer, Police Station Pilibanga received secret information that the respondent Shanti and her son Darshan alongwith her husband Shankar Lal were habitually indulging in the sale and purchase of opium and the respondent Smt. Shanti was expected to come with opium near a particular place. The police officer reached the place and found that the respondent was carrying a bag in her hand. She was stopped and searched. The bag was found to carry about 10 kgs. of opium. On the information given by her, another 20 kgs. were seized from near her residential house. Accused Shankar Lal was also arrested in connection with the second recovery of 20 kgs. of opium. Charge-sheet was filed after investigation. As the accused persons pleaded innocence trial was held. The trial Court found that there was violation of the provisions of Section 42 (2), 50, 55 and 57 of the NDPS Act and acquitted the accused. Questioning the acquittal, the High Court was moved by the State. The High Court did not find any substance in the
appeal filed by the State and dismissed it.
4. So far as the present appeal is concerned, it has to be noted that the special leave petition was dismissed against the respondent No.2 i.e. Shankar Lal and notice was issued qua the present respondent.
5. Learned counsel for the appellant stated that Section 50 had no application because there was no personal search. It is also pointed out that Sections 55 and 57 are not mandatory. The prosecution version was clearly established. Learned counsel for the respondent on the other hand submitted that the trial Court and the High Court have found that there was noncompliance with the requirement of Section 42(2).
6. So far as the conclusions regarding Section 50 recorded by the trial Court and the High court are concerned, they same are not in line with what this Court has said. Section 50 has application only when there was personal search. In the instant case the samples were collected, after seizure, from her bag. Nevertheless, there has been noncompliance with the requirement of Section 42(2) as recorded both by the trial Court and the High Court. That being so there is no merit in this appeal.
7. The appeal is dismissed accordingly.
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