ABDULBHAI DAUDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS it appears to us that the mandatory provision of section 50 of the Narcotic Drugs and Psychotropic Substance Act, 1985 have not been followed, the conviction made in this appeal cannot be sustained. It appears that the Gujarat High Court in the impugned judgment had relied on an earlier decision of the said High Court in Suraj Mal v. State of Gujarat (1991 GLH 122) but the decision rendered in the said case by the Gujarat High Court stands overruled by the decision of this Court in Balbir Singh case. State of Punjab v. Balbir Singh, JT 1994(2) SC 108 since followed by a latter decision by a three -Judge Bench.

(2.) THEREFORE , we allow this appeal and set aside the conviction and sentence passed against the appellant. The appellant is directed to be released forthwith if he is not wanted in connection with any other criminal case.