The Delhi High Court granted leave to appeal in a contention that the trial court acquittal was based on violation of Section 50 of the NDPS Act due to inadequate warning given to the accused. The court doubted the application of a Supreme Court precedent by the trial court and admitted the criminal appeal.
Leave to appeal granted; criminal appeal admitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 51/2022
STATE .....Petitioner Through: Ms. Priyanka Dalal, APP for the State with SI Ramkishan, ANTF Crime Branch. versus MOHINUDDIN .....Respondent Through: Mr. Amit Kumar Gupta and Mr. Vivek Kumar, Advs.
CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 09.10.2025
“A). Grant Leave to appeal in the present case titled in the aforesaid case State vs Mohinuddin, passed by Ms. NeeloferAbidaPerveen, Special Judge, NDPS Act (central District), Tis HazariCourts, Delhi arising out of FIR no. 33/2015, U/s u/s 21 of Narcotic Drugs and Psychotropic Substances Act;
B). Pass any other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 12:06:55
CRL.A. ……… ( to be numbered )
AMIT MAHAJAN, J
OCTOBER 9, 2025 ‘KDK’
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 12:06:55
2 issues framed by the court
Whether the trial court properly acquitted the accused on the ground of non-compliance with Section 50 of the NDPS Act due to lack of explanation regarding the right to be searched by a Magistrate or
Whether the State correctly applied the Supreme Court ruling in Arif Khan @ Agha Khan v. State of Uttrakhand in the absence of a defense taken on that point.
Colour shows how this judgement treated each authority
Arif Khan @ Agha Khan v. State of UttrakhandDoubted¶16
Arif Khan @ Agha Khan v. State of Uttrakhand : IV (2018) SLT 32 SC
State
Mohinuddin
Amit Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Amit Mahajan
Parties & counsel
