Supreme Court · 1999 INSC 282 · Decided 21 July 1999
The State of Punjab v. Baldev Singh
- Court
- Supreme Court of India
- Citation
- 1999 INSC 282 · [1999] 3 S.C.R. 977
- Case number
- CRIMINAL APPEAL No. 396/1990
- Decided
- 21 July 1999
- Bench
- A.S. ANAND, S.B. MAJMUDAR, SUJATA V. MANOHAR, K. VENKATASWAMI, V.N. KHARE (5-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 100, 102, 103, 165; Constitution; NDPS Act Section 50(1), 50
Headnote
Criminal Law : Narcotic Drugs and Psychotropic Substances Act, 1985 : c Section 50-Search-Provisions-Due compliance of-Held : It is imperative and obligatory for the Investigating Officer to inform the suspect of his right to be searched in the presence of a Gazetted Officer or a it is sufficient if it is communicated orally-Omission to give such information D would not vitiate the trial but would render the recovery of illicit article illegal-The conviction and sentence, if recorded on the sole basis of possession of such illicit article, would be unsustainable-S.50
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