Supreme Court · 2009 INSC 494 · Decided 15 April 2009
State of U.P. v. Subhash Kumar Singh Tomar
- Court
- Supreme Court of India
- Citation
- 2009 INSC 494 · [2009] 5 S.C.R. 1139
- Case number
- CRIMINAL APPEAL No. 237/2004
- Decided
- 15 April 2009
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P. SATHASIVAM (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- NDPS Act Section 20(b)
Headnote
Narcotic Drugs and Psychotropic Substance Act, 1985 - s. 50 - Recovery of contraband on personal ·search of c suspect - Acquittal by High Court on the ground of non- compliance of s.50 - Interference with - Held: Not called for - Accused has right to be infonned that he has right to require to be conducted in presence of Gazetted Officer or Magistrate - Failure to do so would cause prejudice to D accused and render the search illegal. In this appeal, order of High Court, acquitting the appellant for non-compliance with the requirement of s.50 of the Narcotic Drugs and Psychotropic
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