Supreme Court of India · 2007-12-05
Directorate Of Revenue & Anr vs Mohammed Nisar Holia
- Court
- Supreme Court of India
- Petitioner
- Directorate Of Revenue & Anr
- Respondent
- Mohammed Nisar Holia
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court analyzed the interpretation of Sections 42 and 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in the context of a criminal appeal against a High Court decision that reversed a conviction due to non-compliance with Section 42(1). The Court held that the mandatory requirements of Section 42 must be adhered to, and the failure to do so invalidated the conviction. Consequently, the appeal was dismissed, affirming the High Court's ruling.