Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal

Case: STATE OF GUJARAT Versus PARAMJIT @ KALI HIMMATSINGH CHIMA

Coram: Justice Rajendra Sareen

Case No.: R/CR.A/971/2006

Court Observation: “…it is mandatory for the department to explain to the accused about his right, otherwise the entire procedure and penal order are vitiated.”

“The High Court while dealing with the appeals against the order of acquittal must keep in mind the following propositions laid down by this Court, namely, (i) the slowness of the appellate court to disturb a finding of fact; (ii) the non-interference the order of acquittal where it is indeed only a case of taking a view different from the one taken by the High Court.”

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal