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Supreme Court of India

Smt. Najmunisha v. The State of Gujarat

Neutral citation
Reported as [2024] 4 S.C.R. 442
Bench Aniruddha Bose and Augustine George Masih JJ.
Decided 9 April 2024

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the raid/search conducted at the house of the Accused No. 01 and Accused No. 04 was not based on the personal knowledge of Mr Tomar, rather it was an action on the part of raiding party bereft of mandatory statutory compliance of Section 41(2) of the NDPS Act 1985.

Judgment, page 29

From the headnote

Issue for Consideration As per the prosecution, secret information was received by PW-2 (Intelligence Officer/Inspector) as to Accused No. 4 (husband of Accused No.1) carrying contraband from a particular route in an auto rickshaw. Said secret information was recorded by her and reported to her superior-PW-3, (Zonal Officer, a Gazetted Officer). The raiding party chased the said auto rickshaw however, Accused No.4 allegedly abandoned it fleeing away from the scene. On conducting the search of the said auto rickshaw, the raiding party inter alia found 1.450 Kgs charas. It eventually searched

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