The Supreme Court of India rendered a judgment in criminal appeal nos. 2319-2320 of 2009, arising out of a case under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellants, Smt. Najmunisha and Abdul Hamid Chandmiya, were convicted based on statements recorded under Section 67 of the NDPS Act. However, the Court held that such statements are inadmissible as confessional statements and cannot be used to convict the accused. As a result, the appellants were acquitted of the charges against them due to lack of admissible evidence. The judgment highlighted the importance of statutory compliance in search and seizure operations under the NDPS Act, emphasizing the need for strict adherence to legal procedures.

Smt Najmunisha Vs State of Gujarat decided by the Supreme Court of India on April 9, 2024.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.