Supreme Court · 2009 INSC 295 · Decided 3 March 2009
State of Rajasthan v. Bhanwar Lal & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 295 · [2009] 5 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 145/2003
- Decided
- 3 March 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
Headnote
Narcotics and Psychotropic Substances Act, 1985: s.50 - Right of accused to exercise option under s.50 of being searched by gazetted officer or magistrate - Held: The use of word 'nearest' in s.50 is relevant - Search has to A 8 c be conducted at earliest and, once person to be searched opts to be senior officer, it is 0 for police officer who is to conduct the search, to conduct it in the presence of conveniently available officer - On facts, acquittal reForded by High Court for non-compliance of s.50 not justified. s.27 - Seizure of opium - Quantity seized was less than E 25 grams -
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