STATE OF RAJASTHAN versus BABU LAL

STATE OF RAJASTHAN versus BABU LAL

Non-compliance with the mandatory requirement of Section 42(2) of the NDPS Act by not bringing on record the document proving receipt of oral information renders the conviction unsustainable.

Source-derived case information.

Parties
Appellant: State of Rajasthan; Respondent: Babu Lal
Jurisdiction
India
Judgment Date
21 April 2009
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Acquittal by High Court
Outcome
Appeal dismissed, acquittal upheld.
Legal Topics
Section 42(2) Compliance, Acquittal for Procedural Lapse
Criminal Law Narcotic Drugs and Psychotropic Substances Section 42(2) Compliance Acquittal for Procedural Lapse

Source-derived case record

Summary, issues, holding and outcome

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Parties

State of Rajasthan

Appellant

Babu Lal

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Acquittal by High Court

Legal Issues

  1. 1 Whether non-compliance with Section 42(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 vitiates conviction despite recovery of huge quantity of Brown Sugar

Ratio Decidendi

Non-compliance with the mandatory requirement of Section 42(2) of the NDPS Act by not bringing on record the document proving receipt of oral information renders the conviction unsustainable.

Court Disposition

Appeal dismissed, acquittal upheld.

Orders

  • The appeal fails and is dismissed.
  • No interference with the judgment of the High Court.