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.