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 search |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Code of Criminal Procedure, 1973 (2 of 1974) Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Criminal Law : Narcotic Drugs and Psychotropic Substances Act, 1985 : Section 50 - Search - Provisions - Due compliance of - Held : It is imperative and obligatory for the Investigating Officer to inform the suspect of his right to be searched in the presence of a Gazetted Officer or a Magistrate - However, it is not necessary to give this information in writing; it is sufficient if it is communicated orally - Omission to give such information would not vitiate the trial but would render the recovery of illicit article illegal - The conviction and sentence, if recorded on the sole basis of possession of such illicit article, would be unsustainable - S.50 provides for a reasonable, fair and just procedure which must be honoured.Section 50(1) - Search - "If such person so requires" - Meaning of - Held : If the person (suspect) concerned requires to be searched in the presence of a Gazetted Officer or a Magistrate, the empowered officer is obliged to do so or else the conviction and sentence based solely on the recovery of illicit article would be bad - Court must give opportunity to the prosecution to establish due compliance with S.50 and must be satisfied about such compliance. Sections 50 and 54 - Search - In violation of S.50 - Illicit article seized during such search - Use of - Held : Cannot by itself be used as evidence of proof of unlawful possession - Other material recovered during that search can, however, be relied upon by the prosecution in other proceedings against an accused - An illegal search cannot entitle the prosecution to raise a presumption under S.54. Section 50 - Search - Person and premises - Applicability of - Held : Applies only in the case of a search of a person as distinguished from search of any premises etc. Sections 50 and 42 - Search - Contraband article - Recovery of - In the course of normal investigation - Held: Requirements of S.50, not attracted. Section 51(2) - Search of a female - Procedure - Held: Search must be made by a female - Failure to do so not only affects the credibility of the prosecution but also violative of the basic right of a female to be treated with decency and proper dignity - Criminal Procedure Code, 1973. Constitution of India, 1950 : Article 21 - Fair trial - Object of - Held: It is for the benefit of society as well as for the accused - Nature of evidence obtained and nature of safeguard violated are both relevant factors - Hence, evidence collected in violation of a statutory provision, inadmissible. Article 141 - Precedent - A decision is an authority for what it decides - Everything said in a decision does not constitute a precedent - A decision has to be considered in the context in which it is rendered. Criminal Procedure Code, 1973 : Sections 100, 102, 103 and 165. Narcotic drug or psychotropic substance - Recovery of - During normal course of investigation under Cr. P.C. - Duty of Investigating Officer - Held: Must follow the provisions of NDPS Act - If Investigating Officer is not the empowered officer he must inform one under the Act who should proceed from that stage in accordance with NDPS Act. Words and Phrases: "If such a person so requires" - Meaning of - In the context of S.50(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Doctrine: Doctrine of Stare decisis - Discussed. |
Judge | Honble Dr. Justice A.S. Anand |
Neutral Citation | 1999 INSC 282 |
Petitioner | The State Of Punjab |
Respondent | Baldev Singh |
SCR | [1999] 3 S.C.R. 977 |
Judgement Date | 1999-07-21 |
Case Number | 396 |
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