T.T. HANEEFA versus STATE OF KERALA

T.T. HANEEFA versus STATE OF KERALA

There was no violation of Section 50 of the NDPS Act, as the appellant was given the option to be searched in the presence of a Magistrate, which he declined. The conviction for possession of narcotic drugs under Section 21 was upheld as proved by evidence.

Parties
Appellant: T.T. Haneefa; Respondent: State of Kerala
Jurisdiction
India
Judgment Date
21 April 2004
Procedural Posture
Criminal Appeal / Final Disposition
Outcome
Appeal dismissed
Legal Topics
Section 21 NDPS Act, Section 50 NDPS Act, Procedure for Search, Possession of Narcotic Drugs
Criminal Law Narcotics Law Section 21 NDPS Act Section 50 NDPS Act Procedure for Search Possession of Narcotic Drugs

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Parties

T.T. Haneefa

Appellant

State of Kerala

Respondent

Procedural Posture

Criminal Appeal / Final Disposition

Legal Issues

  1. 1 Was there violation of Section 50 of the NDPS Act during the search of the appellant?
  2. 2 Was the conviction for possession of narcotic drugs proper under Section 21 of the NDPS Act?

Ratio Decidendi

There was no violation of Section 50 of the NDPS Act, as the appellant was given the option to be searched in the presence of a Magistrate, which he declined. The conviction for possession of narcotic drugs under Section 21 was upheld as proved by evidence.

Court Disposition

Appeal dismissed

Orders

  • Appellant is directed to surrender to his bail bonds within two weeks; failing this, the Special Judge will take steps to arrest the appellant for undergoing remaining part of the sentence.