2002 (10) TMI 741 - SC - Indian Laws

Summary

Issues Involved:
The compliance of provisions u/s 42, 50, and 57 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in a case involving the recovery of heroin at an airport leading to the arrest and conviction of the appellant.

Compliance of Section 42 of the NDPS Act:
The trial court acquitted the appellant due to non-compliance with mandatory provisions like Section 42 of the NDPS Act. However, the High Court reversed this decision, emphasizing that the seizure occurred in a public place, making Section 43 applicable instead of Section 42. The High Court correctly noted that the seizure was conducted by the relevant personnel, even though the Mahazar was prepared by another individual.

Compliance of Section 57 of the NDPS Act:
The High Court found that the arrest of the accused was duly communicated to the Deputy Director, satisfying the requirements of Section 57 of the NDPS Act. The appellant's argument regarding the communication of the grounds of arrest was dismissed as the arrest memo clearly indicated the offense under the NDPS Act, and a copy was received by the appellant.

Compliance of Section 50 of the NDPS Act:
As no search or seizure was conducted on the person of the accused, Section 50 of the NDPS Act was not applicable. The High Court's conclusion on this matter was deemed correct by the Supreme Court.

Conclusion:
The Supreme Court dismissed the appeal, finding no merit in the appellant's contentions, thereby upholding the High Court's decision to convict the appellant based on the compliance with relevant provisions of the NDPS Act.