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1 - 6 of 6 (3.99 seconds)Section 21 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Ahmed Ibrahim Sahigra Dhoraji vs Commissioner Of Wealth Tax, Gujarat on 7 April, 1981
In this context, the Supreme Court in the case of
AHMED vs STATE OF GUJARAT (2000(3) Crimes 188(SC) observed as follows:
State Of Punjab vs Balbir Singh on 1 March, 1994
In view of the observations made by the Supreme Court as stated above,
although the searching officer in the present case is the gazetted
officer, the search conducted in his presence cannot be construed to be
in compliace of Section 50, especially when the right tobe searched in
the presence of the gazetted officer or some other gazetted officer or
before the Magistrate has not been conveyed to the appellant. There is
no dispute with regard to the fact that the provisions of Section 50 of
the Act are mandatory as held by the Supreme Court in State of Punjab vs.
Balbir Singh (1994 (1) Crimes 753) and State of Punjab vs. Baldev Singh
(1999(6) SCC 172). In view of the noncompliance of mandatory provisions
as required under Section 50 of the Act by the respondent State, the
conviction imposed upon the appellant is liable to be set aside and the
same is accordingly set aside. The appeal is allowed.
The State Of Punjab vs Baldev Singh on 21 July, 1999
In view of the observations made by the Supreme Court as stated above,
although the searching officer in the present case is the gazetted
officer, the search conducted in his presence cannot be construed to be
in compliace of Section 50, especially when the right tobe searched in
the presence of the gazetted officer or some other gazetted officer or
before the Magistrate has not been conveyed to the appellant. There is
no dispute with regard to the fact that the provisions of Section 50 of
the Act are mandatory as held by the Supreme Court in State of Punjab vs.
Balbir Singh (1994 (1) Crimes 753) and State of Punjab vs. Baldev Singh
(1999(6) SCC 172). In view of the noncompliance of mandatory provisions
as required under Section 50 of the Act by the respondent State, the
conviction imposed upon the appellant is liable to be set aside and the
same is accordingly set aside. The appeal is allowed.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
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