Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985-Sections 20- 8(2), 41, 42, 50-Search conducted by an empowered officer-Recovery of charas from the person of the accused-Information to the accused under Section 50 of his right of being taken to the nearest gazetted officer or nearest Magistrate for making the search-Requirement of-Held, mandatory-Accused himself wanted to be searched before a gazetted officer or a Magistrate and it was denied-Consequence of-Held, it renders the recovery of illicit article suspect and vitiates the conviction and sentence of the accused-The right cannot be taken away merely because the officer going to search happens to be a gazetted officer-No differentiation could be made whether the search was being made by the empowered officer who was a gazetted officer or an officer duly authorised by the empowered officer. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2000 INSC 413 |
Petitioner | Ahmed |
Respondent | State Of Gujarat |
SCR | [2000] Supp. (2) S.C.R. 642 |
Judgement Date | 2000-08-25 |
Case Number | 701 |
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