VidhiSangh

Supreme Court of India · 15/10/2019

G H STATE OF PUNJAB versus BALJINDER SINGH & ANR.

[2019] 13 S.C.R. 520 · 2019 INSC 1145

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Summary

The High Court acquitted two accused because their personal searches did not comply with section 50, although the poppy husk was recovered independently from their vehicle and nothing incriminating was found on their persons. The Supreme Court held that a personal-search defect did not invalidate the separately proved vehicle recovery, restored the convictions and reduced the substantive prison terms.

Issues

  1. Whether non-compliance in personal search invalidated an independently proved recovery from a vehicle.

Provisions considered

Held

Result

The appeals were allowed and the Trial Court convictions restored. Substantive imprisonment was reduced from twelve to ten years; the Rs.2 lakh fine each and two-year default terms remained. The accused were to surrender by 15 November 2019, failing which they were to be taken into custody. Compliance was to be reported by 1 December 2019.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 520.