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december 2007

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.

Directorate Of Revenue & Anr vs Mohammed Nisar Holia · Niyam