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
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