Supreme Court of India · 2000-11-10
Roy V. D vs State Of Kerala
- Court
- Supreme Court of India
- Petitioner
- Roy V. D
- Respondent
- State Of Kerala
- Author
- Syed Shah Mohammed Quadri
- Bench
- Syed Shah Mohammed Quadri, S. N. Phukan
Judgment text excerpt
The Supreme Court addressed the validity of proceedings initiated under the NDPS Act, specifically examining the authority of an Excise Inspector to file charges under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court emphasized that the life and liberty of an individual, protected under Article 21 of the Constitution, cannot be infringed without lawful authority. It held that the proceedings in Session Case No.78 of 1993 were liable to be quashed due to the lack of proper authorization under Sections 41 and 42 of the NDPS Act, thereby allowing the appeal against the High Court's dismissal of the quashing petition.