Devi Lal vs State Of Rajasthan on 3 November, 2008

                                IN THE SUPREME COURT OF INDIA

                    CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL APPEAL NO.1721 OF 2008
                 (Arising out of SLP(Crl.) No.2478/2007)




            DEVI LAL                                         ... APPELLANT.

           VERSUS

     STATE OF RAJASTHAN                                 ...RESPONDENTS.




                                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.