Thursday 12 February 2015

When the search is conducted at a public place compliance with Section 42(2) NDPS Act,1985 is not at all necessary. - Reiterated Kerala High Court.

MOIDEENKUTTY v. STATE OF KERALA
CRL.A.No. 772 of 2014
Judgment Dated : 11/02/2015
CORAM : K. ABRAHAM MATHEW .J
Brief Facts of the Case :
1.The Police received reliable information that a person wearing lungi and white shirt had brought 2 kg. ganja for sale at Blangad Beach .
2. They rushed to the spot where they found the accused with a packet in his hand.
3. The Lower court convicted him.
4. Now, the Appellant has challenged the order on the ground of non-compliance of the search and seizure procedure as laid down under the NDPS Act,1985.
Reliance Placed upon on two important judgment :
1.State of Punjab v. Baldev Singh (1999) 6 SCC 172
2.Karnail Singh v. State of Haryana (2009) 8 SCC 539

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