Supreme Court · 1994 INSC 96 · Decided 1 March 1994
State of Punjab . v. Balbir Singh and ORS. ETC. ETC.
- Court
- Supreme Court of India
- Citation
- 1994 INSC 96 · [1994] 2 S.C.R. 208
- Case number
- SPECIAL LEAVE PETITION (CRIMINAL) No. 1698/1990
- Decided
- 1 March 1994
- Bench
- S. RATNAVEL PANDIAN, K. JAYACHANDRA REDDY (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 26; CrPC Section 4; NDPS Act Section 50
Headnote
c Narcotic Drugs and l'sychotropic Substances Ac4 1985 : Sections 41, 42 and l'rovistr-Search and Amst-Wa"ant issued by a Magistrate not em­ powered-Action would be illegal-Section 42(2) held mandatory. l'roviso to Section 42-Search without warrant between sunrise and sunset-Officer must of-When officer pnceeds under Cr.l'.C. D without prior infonnation under N_Dl's Act Section SO is not attracted-When there is chance recovery of Narcotic Drugs from that stage provisions of Section SO are applicable. It is obligatory on the part of the officer to infonn the accused that
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