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april 2002

Supreme Court of India · 2002-04-24

State Of Orissa vs Laxman Jena

Citation / case number
AIRONLINE 2002 SC 195
Court
Supreme Court of India
Petitioner
State Of Orissa
Respondent
Laxman Jena
Bench
R.P. Sethi, Doraiswamy Raju

Judgment text excerpt

The Supreme Court addressed the appeal against the High Court's acquittal of the respondent, emphasizing the violation of mandatory provisions under Section 42 and Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court held that the High Court erred in its interpretation, asserting that Section 50, which pertains to personal searches, was not applicable as the respondent's person was not searched. Furthermore, the Court clarified that substantial compliance with Section 42 was necessary, and the High Court's conclusion regarding its violation was unjustified, leading to the reinstatement of the original conviction.

State Of Orissa vs Laxman Jena · Niyam