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december 2003

Supreme Court of India · 2003-12-02

Prabha Shankar Dubey vs State Of Madhya Pradesh

Citation / case number
AIR 2004 SUPREME COURT 486
Court
Supreme Court of India
Petitioner
Prabha Shankar Dubey
Respondent
State Of Madhya Pradesh
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the conviction of the appellants under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, affirming a 10-year custodial sentence and a fine of Rs. 1,00,000. The Court found that the trial court had complied with statutory requirements under Sections 42, 50, 55, and 57 of the Act, despite the appellants' claims of non-compliance with Section 50 regarding their rights during the search. The Court emphasized the necessity of strict compliance with the Act's provisions, rejecting the argument that mere questioning about the search procedure sufficed as informing the accused of their rights.

Prabha Shankar Dubey vs State Of Madhya Pradesh · Niyam