STATE OF RAJASTHAN versus SHANTI

As there has been non-compliance with the requirement of Section 42(2), the appeal has no merit and is dismissed.

Source-derived case information.

Parties: Appellant: State of Rajasthan; Respondent: Shanti
Jurisdiction: India
Judgment Date: 21 April 2009
Procedural Posture: Criminal Appeal / Supreme Court Appeal From Rajasthan High Court Dismissal of State's Appeal Against Acquittal
Outcome: Appeal dismissed
Legal Topics: NDPS Act, Seizure of Opium, Compliance With Statutory Requirements

Criminal Law Narcotics Law NDPS Act Seizure of Opium Compliance With Statutory Requirements

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2

Parties

State of Rajasthan

Appellant

Shanti

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Rajasthan High Court Dismissal of State's Appeal Against Acquittal

Legal Issues

1 Whether violation of Sections 42(2), 50, 55, and 57 of NDPS Act vitiates the prosecution
2 Whether Section 50 applies to bag search versus personal search

Ratio Decidendi

As there has been non-compliance with the requirement of Section 42(2), the appeal has no merit and is dismissed.

Court Disposition

Appeal dismissed

Orders

Appeal is dismissed accordingly

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