Devi Lal Vs. State of
Rajasthan [2008] INSC 1843 (3 November 2008)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NO.1721 OF 2008 (Arising out of SLP(Crl.)
No.2478/2007) DEVI LAL ... APPELLANT. VERSUS ORDER
Leave granted.
This appeal has been
filed against the judgment and order passed by the Single Judge of the High
Court of Rajasthan. The appellant herein was convicted on two counts under the
provisions of NDPS Act.
The Single Judge
found him guilty and the appellant filed an appeal before the High Court
against the same. The appellant mainly contended that Section 50 of the NDPS
Act was not followed by the officer who initially arrested and conducted search
on the body of the appellant.
Though the appellant
has raised series of points before the learned Single Judge, but the same was
not considered properly. Without giving any reasons, learned Single Judge
disposed of the appeal.
-2- We feel that the
appeal was not properly dealt with by the learned Single Judge. Therefore, we
set aside the judgment of the learned single Judge and the appeal is directed
to be heard afresh and disposed of in accordance with law at an early date.
The appeal is
disposed of accordingly.
...................CJI
(K.G. BALAKRISHNAN)
.....................J
(AFTAB ALAM)
NEW
DELHI;
NOVEMBER
03, 2008.
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