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1 - 10 of 15 (0.32 seconds)Section 43 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 50 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 49 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
State Of Punjab vs Baldev Singh on 21 July, 1999
The Division Bench of this Court in Dharminder Kumar's
case(supra), while referring to judgment of Constitution Bench of Hon'ble
Supreme Court in Baldev Singh's case(supra) and some other judgments
discussed the scope of Section 42 and Section 43 of the Act and held as
follows :-
Section 15 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Gurjant Singh vs State Of Haryana And Ors on 18 July, 2022
10. In the present case, since the recovery has been effected from the
conveyance in transit, therefore, Section 42 has prima facie no applicability and
rather, it is Section 43 of the Act, which is applicable. As such, petitioner cannot
be granted any advantage of the fact that compliance of Section 42 of the Act
was not made. As such, Karnail Singh's case, which has been followed by this
Court in Pankaj's case and Gurjant's case have no applicability to the facts of
this case.