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may 2013

Supreme Court of India · 2013-05-28

STATE OF RAJASTHAN vs BHERU LAL

Citation / case number
SC 2004/25020
Court
Supreme Court of India
Petitioner
STATE OF RAJASTHAN
Respondent
BHERU LAL
Author
Dipak Misra
Bench
DIPAK MISRA B.S. CHAUHAN

Judgment text excerpt

The Supreme Court analyzed the acquittal of Bheru Lal under Sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which was based on the claim that the arresting officer, Parveen Vyas, lacked authority under Section 42 of the Act. The Court held that the High Court erred in its interpretation of the officer's authority, emphasizing that proper authorization is crucial for the validity of search and seizure operations. Consequently, the Supreme Court overturned the High Court's acquittal and reinstated the conviction and sentence imposed by the trial court.

STATE OF RAJASTHAN vs BHERU LAL · Niyam