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.

O R D E R

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.