VidhiSangh

Supreme Court of India · 05/09/2018

S. K. RAJU @ ABDUL HAQUE @ JAGGA versus STATE OF WEST BENGAL

[2018] 10 S.C.R. 731 · 2018 INSC 780

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld the appellant’s conviction and sentence for possession of charas. The roadside interception was governed by Section 43 NDPS Act, so Section 42’s recording requirements did not apply. Section 50 was attracted because both the bag and the appellant’s person were searched, although contraband was found only in the bag. Strict compliance was established by informing him of his legal right and conducting the search before the gazetted officer he chose.

Issues

  1. Whether Section 42 recording requirements applied to the roadside seizure in a public place.
  2. Whether Section 50 applied where a bag and the person were both searched, and whether its mandatory safeguards were satisfied.

Provisions considered

Held

Result

Criminal appeal dismissed; conviction and sentence of 14 years’ rigorous imprisonment and fine of Rs 1,40,000 undisturbed.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 731.