CHHOTU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THEIR Lordships of the Supreme Court in State of Punjab v. Baldev Singh1. propounded that "A conviction resulting from an unfair trial is contrary to our concept of justice. The use of evidence collected in breach of the safeguards provided by Section 50 at the trial would render the trial unfair".

(2.) THE question that arises for consideration is whether the Investigating Agency followed the procedure as envisaged by Section 50 of the NDPS Act scrupulously? Learned Trial Court answered this question in affirmative and convicted the accused appellant under Section 8/21 of the NDPS Act to undergo 10 years rigorous imprisonment and a fine of rupees one Lakh, in default to further undergo one year simple imprisonment.

(3.) LEARNED Public Prosecutor supported the impugned judgment and canvassed that the procedure enumerated in Section 50 was followed by the Investigation Officer in letter and spirit.