Search Results Page
Search Results
1 - 6 of 6 (0.25 seconds)The Narcotic Drugs And Psychotropic Substances Act, 1985
State Of Punjab vs Balbir Singh on 1 March, 1994
4. Though a number of submissions were made by learned
counsel for the appellant, we need not detain ourselves to
deal with all those submissions as in our opinion there is
force in the main argument of the learned counsel for the
appellant viz. that on account of the non-compliance with
the provisions of Section 50 of the NDPS Act, which
provisions have been held to be mandatory by this Court in
State of Punjab v. Balbir Singh the conviction and sentence
of the appellant cannot be sustained.
Pooran Mal Etc vs Director Of Inspection ... on 14 December, 1973
8. The last submission of the learned counsel for the
respondents is that even if the search and seizure of the
contraband are held to be illegal and contrary to the
provisions of Section 50 of the NDPS Act, it would still not
affect the conviction because the seized articles could be
used as 'evidence' of unlawful possession of a contraband.
Reliance for this submission is placed on the judgment of
this Court in Pooran Mal v. Director Of Inspection2. We are
afraid the submission is misconceived and the reliance
placed on the said judgment is misplaced. The judgment in
Pooran Mal case2 only lays down that the evidence collected
as a result of illegal search or seizure, could be used as
evidence in proceedings against the party under the Income
Tax Act. The judgment cannot be interpreted to lay down
that a contraband seized as a result of illegal search or
seizure, can be used to fasten that liability of unlawful
possession of the contraband on the person from whom the
contraband had allegedly been seized in an illegal manner.
The Income Tax Act, 1961
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
1