Supreme Court of India · 2004-09-02
State Of West Bengal And Ors vs Babu Chakraborty
- Citation / case number
- AIR 2004 SUPREME COURT 4324
- Court
- Supreme Court of India
- Petitioner
- State Of West Bengal And Ors
- Respondent
- Babu Chakraborty
- Author
- Ar. Lakshmanan
- Bench
- K.G. Balakrishnan, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court held that the High Court's acquittal of Babu Chakraborthy under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was flawed due to the imposition of strictures against police officers without giving them an opportunity to be heard, violating principles of natural justice. The Court emphasized that the procedural safeguards under Section 50 of the Act must be adhered to, and the evidence presented was sufficient to uphold the conviction. Consequently, the Supreme Court set aside the High Court's judgment and restored the conviction and sentence imposed by the Additional Sessions Court.