Supreme Court · 2013 INSC 24 · Decided 9 January 2013

Ashok Kumar Sharma v. State of Rajasthan

Court
Supreme Court of India
Citation
2013 INSC 24 · [2013] 1 S.C.R. 236
Case number
CRIMINAL APPEAL No. 817/2008
Decided
9 January 2013
Bench
K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
NDPS Act Section 50, 8, 21

Headnote

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985: s. 50 - Search of person of suspect I accused - Procedure - Nature of- Conviction of accused ulss.8 and 21 - Held: It is mandatory on the part of the authorized officer to make the accused aware of his right to be searched before a Gazetted 0 by him and this mandatory provision requires strict compliance - In the instant case. accused had been only informed that he could be searched before a Magistrate or a Gazetted Officer, if he so wished - Thus, there being non-compliance of the mandatory E provision, conviction and sentence

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)