VidhiSangh

Supreme Court of India · 25/01/2022

DAYALU KASHYAP versus THE STATE OF CHHATTISGARH

[2022] 1 S.C.R. 1020 · 2022 INSC 95

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Summary

The appellant challenged his NDPS conviction on the basis that the searching officer offered an impermissible third option under Section 50. The Court held that the ganja was recovered from polythene bundles carried on a kanwad rather than from his person, and declined to extend an asserted defect in personal search to that recovery. The appeal was dismissed. An earlier order reducing default imprisonment and directing release remained part of the procedural history.

Issues

  1. Whether an asserted Section 50 defect in personal search also vitiated the separate recovery from bags carried on a kanwad.

Provisions considered

Held

Result

Appeal dismissed; conviction left undisturbed. Earlier reduction of default imprisonment and consequent release recorded. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 1020.