Supreme Court · 1995 INSC 241 · Decided 3 April 1995
Saiyad MOHD. Saiyad Umar Saiyed and ORS. v. The State of Gujarat
- Court
- Supreme Court of India
- Citation
- 1995 INSC 241 · [1995] 3 S.C.R. 117
- Case number
- CRIMINAL APPEAL No. 485/1995
- Decided
- 3 April 1995
- Bench
- A.M. AHMADI, S.P. BHARUCHA, G.T. NANAVATI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Evidence Act Section 114; NDPS Act Section 50, 20
Headnote
B Narcotic Drugs and Psychotropic Substances Act, 198~Section 5()-{nfonnation to the accused of his right to be searched before a Gazetted - --\ Offic~ or a Magistrate-Whether mandato~e/d yes-Cogent evidence must be produced to prove it-Issue of instructions to Investigating officers to c comply 114 illustration (e}-Applicability of- No evidence to show that accused was infonned about his right or protection under Section 50 of the Narcotic Drugs and Psychotropic Substances Act-It D cannot be presumed that official act of infonning the accused has been reFJ.llarly peifonned. Under
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)