KALLU KHAN versus STATE OF RAJASTHAN

KALLU KHAN versus STATE OF RAJASTHAN

Seizure of 900 grams of smack from the motorcycle ridden by the appellant on a public road constituted a chance recovery governed by Section 43 NDPS; Section 50 NDPS was not required as there was no recovery from the person; the seizure and sample memos were proved beyond reasonable doubt by police witnesses;...

Source-derived case information.

Parties
Appellant: Kallu Khan; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
11 December 2021
Procedural Posture
Criminal Appeal / Appeal to Supreme Court, Judgment Delivered
Outcome
Appeal dismissed; convictions and sentence affirmed
Legal Topics
Search and Seizure, Section 43 NDPS, Section 50 NDPS, Chance Recovery, Conviction and Sentence, Production of Seized Material and Chain of Custody
Narcotic Drugs and Psychotropic Substances Act Criminal Law Search and Seizure Section 43 NDPS Section 50 NDPS Chance Recovery Conviction and Sentence Production of Seized Material and Chain of Custody

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Parties

Kallu Khan

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court, Judgment Delivered

Legal Issues

  1. 1 Whether recovery from a vehicle on a public road is a chance recovery governed by Section 43 NDPS
  2. 2 Whether compliance with Section 50 NDPS is mandatory where contraband is not recovered from the person
  3. 3 Whether ownership of the vehicle is relevant to convict the accused when contraband is recovered from the vehicle he was riding

Ratio Decidendi

Seizure of 900 grams of smack from the motorcycle ridden by the appellant on a public road constituted a chance recovery governed by Section 43 NDPS; Section 50 NDPS was not required as there was no recovery from the person; the seizure and sample memos were proved beyond reasonable doubt by police witnesses; non-production of the entire contraband was not fatal given intact samples and forensic report; and concurrent convictions were not perverse, therefore the appeal is dismissed and convictions and sentence upheld as affirmed by the High Court.

Court Disposition

Appeal dismissed; convictions and sentence affirmed

Orders

  • Appeal dismissed
  • No further directions as appellant has already served the sentence and was released after deposit of the fine of Rs. 1,00,000/-