Supreme Court · 2003 INSC 686 · Decided 2 December 2003

Prabha Shankar Dubey v. State of Madhya Pradesh

Court
Supreme Court of India
Citation
2003 INSC 686 · [2003] SUPP. 6 S.C.R. 444
Case number
CRIMINAL APPEAL No. 634/2003
Decided
2 December 2003
Bench
DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 313; Constitution

Headnote

Narcotics Drugs and Psychotropic Substances Act, 1985; Section I 8: Suspects carrying opium intercepted by Officer-Notice for search by C Magistrate/Gazetted Officer-Opted to be searched by Officer intercepting them-Seizure of opium ji·om their custody-Trial Court convicted and sentenced fully complied with-Upheld by the High Court-On appeal, Held : Since no specific form prescribed under the D provisions of the Act except conveying to suspects about existence of their right to search by named officers, the question as to compliance thereto has to be decided on facts of each

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