Supreme Court of India · 2003-05-02
Liyaqat Ali vs Union Of India (Uoi) And Ors.
- Citation / case number
- AIRONLINE 2003 SC 64
- Court
- Supreme Court of India
- Petitioner
- Liyaqat Ali
- Respondent
- Union Of India (Uoi) And Ors.
- Bench
- S.N. Variava, B.N. Agarwal
Judgment text excerpt
The Supreme Court clarified that there is no conflict in the interpretation of Section 50 of the Narcotic Drugs and Psychotropic Substance Act, 1985, as established in Sarjudas and Anr. v. State of Gujarat and State of Punjab v. Baldev Singh, 1999 (6) SCC 172. The Court held that the applicability of Section 50 does not extend to situations where the seizure occurs from a bag carried by the accused, as this issue was not addressed in Nambi Francis Nwazor v. Union of India. The observations in Nwazor were deemed per incuriam and not binding. The petition was disposed of with this clarification.