Supreme Court · 2011 INSC 513 · Decided 21 July 2011
Nirmal Singh Pehlwan @ Nimma v. Inspector, Customs, Customs House, Punjab
- Court
- Supreme Court of India
- Citation
- 2011 INSC 513 · [2011] 9 S.C.R. 446
- Case number
- CRIMINAL APPEAL No. 1857/2010
- Decided
- 21 July 2011
- Bench
- H.S. BEDI, GYAN SUDHA MISRA (2-judge bench)
- Case type
- Criminal
- Acts & sections cited
- Evidence Act Section 25, 22, 50; NDPS Act Section 50, 22; Customs Act Section 108
Headnote
NARCOTIC DRUGS AND PSYCHOTROPIC C SUBSTANCES ACT, 1985: s. 22 read with s. 50 - Right of accused to be informed that he has an option of being searched in the presence of a Gazetted Officer or a Magistrate - Accused found in 0 possession of 2 packets containing 1 kg heroin by him to be searched in presence of a Gazetted Officer - Held: The consent memo cannot be said as informing the accused of his right to be searched in the presence of a Gazetted Officer or a Magistrate, as he was E only given the option to be searched before one of the other - The Officer
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