Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | NDPS ACT 1985 vitiated the search |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985:s. 50 - Non-compliance of - Respondents-accused caught carrying opium which was recovered from the bag in the hands of one of them - Respondents given a written common notice that they had a right to be searched before a nearest Gazetted Officer, or a Magistrate or before the Superintendent of raiding party - One of them signed for both agreeing to be searched by the Superintendent - Held: Bag of one of the respondents was searched and opium was recovered - His personal search was also carried out - Personal search of other respondent was carried out - Therefore, s. 50 will have application - Accused persons must be communicated individually bf their right - Further it was improper to tell the respondents that a third alternative was available and they could be searched before the Superintendent who was part of the raiding party - He could not be called an independent officer - Thus, breach of s.50 has vitiated the search - Conviction of respondents was illegal and they were rightly acquitted by High Court. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2014 INSC 154 |
Petitioner | State Of Rajasthan |
Respondent | Parmanand & Anr. |
SCR | [2014] 3 S.C.R. 522 |
Judgement Date | 2014-02-28 |
Case Number | 78 |
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