PAWAN KUMAR Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Pawan Kumar And Ors.
STATE OF UTTARAKHAND
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Servesh Kumar Gupta, J. -
(1.) MR . Mohd. Azim, Advocate, for the petitioners. Mr. Sudhir Chaudhary, Additional Government Advocate, for the State/respondent.
(2.) ON due consideration, urgency application No. 295 of 2013 is allowed. Heard on the merits of petition.
(3.) HAVING heard the learned counsel, it appears that about 15 kilogram of poppy straw (DODA Powder) was recovered from the possession of the applicants. The main contention of learned counsel is that the compliance of Section 50 of the Narcotics Drugs 8b Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act') has not been made. In support of his arguments, he has relied upon the following authorities: -
1. Narcotics Control Bureau Vs. Sukh Dev Raj Sodhi, (2011) 2 SCC (Cri) 981
2. Myla Venkateswarlu Vs. State of Andhra Pradesh, (2012) 2 SCC (Cri) 686;
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