(A) Narcotics Drugs and Psychotropic Substances Act, 1985 – Section 20(b)(ii)(c), 25, 29 – NDPS – Conviction Set aside – Non compliance of section 41(2) and 42 regarding search and seizure – Confessional Statements under Section 67 has no evidentiary value – Conviction set aside – Accused acquitted (Para 25, 26, 30, 40, 67)
(B) Constitution of India, 1950 – Article 21 – Constitutional Mandate of Fair Trial – Balancing Act Article 21 of the Constitution of India emphasizes a just and fair trial as a fundamental right. It underscores the need for prosecution actions to uphold the rights of the accused for a fair trial, balancing the welfare of individuals with that of the community.(Para 24)
(C) Narcotics Drugs and Psychotropic Substances Act, 1985 – 41(2), 42 – Section – NDPS – Compliance with Provisions – Section 42 mandates officers to record information or grounds of belief before conducting a search or seizure. Non-compliance or irregularities in complying with this provision impact the legality of actions taken under the Act. Section 41(2) requires officers to have reason to believe, either from personal knowledge or information taken down in writing, before conducting searches or arrests. Discrepancies or failures to adhere to this provision affect the legality of actions taken. (Para 25,26, 30, 40)
(D) Narcotics Drugs and Psychotropic Substances Act, 1985 – Section 67 – NDPS – Evidentiary Value of Confessional Statements under Section 67 – Confessional statements recorded under Section 67 are not admissible as evidence against the accused under the NDPS Act. The powers conferred under Sections 41 and 42, along with Section 67, are limited and do not authorize investigations. (Para 50)
SUPREME COURT OF INDIA
2024 STPL(Web) 246 SC
[2024 INSC 290]
Smt. Najmunisha Sole Vs. State Of Gujarat
Criminal Appeal Nos. 2319-2320 of 2009-Decided on 9-4-2024
https://stpllaw.in/wp-content/uploads/2024/04/2024-STPLWeb-246-SC.pdf
