BANSI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The determination of all these three appeals require close scrutiny pertaining to the applicability of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Narcotic Act") and the effect of non -compliance of mandatory provisions contained in Chapter V therein vis -a -vis the peculiar facts and circumstances of each case. The interpretation of various provisions, particularly those relating to procedure contained in the aforesaid chapter, has elaborately been dealt by a Division Bench of this Court in State of Himachal Pradesh v. Sudarshan Kumar and etc., 1989 Cri LJ 1412.

(2.) - The learned Counsel for the parties submit that the aforesaid appeals are covered by the principles laid down in Sudarshan Kumars case (supra) consequent whereupon identical questions of law and fact have arisen in all these appeals. It is in this background that all the appeals are being disposed of by a common judgment.

(3.) In order to closely scrutinise the legality of the impugned judgment brief reference to the facts of each appeal is necessitated to be detailed.