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december 2007

Supreme Court of India · 2007-12-05

DIRECTORATE OF REVENUE vs MOHAMMED NISAR HOLIA

Citation / case number
SC 2001/17893
Court
Supreme Court of India
Petitioner
DIRECTORATE OF REVENUE
Respondent
MOHAMMED NISAR HOLIA
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

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 judgment that reversed a conviction. The Court held that the mandatory requirements of Section 42 were not complied with, as the information was not reduced to writing by the officer who received it, leading to the conclusion that the trial court's judgment could not be sustained. Consequently, the appeal was dismissed, affirming the High Court's decision.

DIRECTORATE OF REVENUE vs MOHAMMED NISAR HOLIA · Niyam