Supreme Court · 2000 INSC 413 · Decided 25 August 2000
Ahmed v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2000 INSC 413 · [2000] SUPP. 2 S.C.R. 642
- Case number
- CRIMINAL APPEAL No. 701/2000
- Decided
- 25 August 2000
- Bench
- G.B. PATTANAIK, U.C. BANERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- NDPS Act Section 20
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-In.formation to the accused under Section 50 of his right of being taken to the nearest gazetted o.{ficer or nearest be.fore a gazetted officer or a Magistrate and it was denied-Consequence of-Held, it renders the recove1y 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
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