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november 2000

Supreme Court of India · 2000-11-10

ROY V.D. vs STATE OF KERALA

Citation / case number
SC 1998/11819
Court
Supreme Court of India
Petitioner
ROY V.D.
Respondent
STATE OF KERALA
Author
Syed Shah Mohammed Quadri
Bench
S.S.M.QUADRI S.N.PHUKAN

Judgment text excerpt

The Supreme Court held that the proceedings in Session Case No.78 of 1993 could not be quashed under Section 482 of the Criminal Procedure Code, as the appellant's plea regarding the lack of authorization of the Excise Inspector under Sections 41(2) and 42(1) of the NDPS Act was not sufficient to warrant quashing. The Court emphasized that the life and liberty of an individual, protected under Article 21 of the Constitution, cannot be interfered with except under the authority of law. The appeal was dismissed, upholding the High Court's decision to not quash the proceedings.

ROY V.D. vs STATE OF KERALA · Niyam