Supreme Court · 2010 INSC 750 · Decided 29 October 2010
Vijaysinh Chandubha Jadeja v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2010 INSC 750 · [2010] 13 S.C.R. 255
- Case number
- CRIMINAL APPEAL No. 943/2005
- Decided
- 29 October 2010
- Bench
- D.K. JAIN, B. SUDERSHAN REDDY, MUKUNDAKAM SHARMA, RAJENDRA MAL LODHA, DEEPAK VERMA (5-judge bench)
- Outcome
- Reference answered
- Case type
- Criminal
- Acts & sections cited
- Constitution; NDPS Act Section 50, 50(1)
Headnote
A B Narcotic Drugs and Psychotropic Substances Act, 1985: C Section 50 - Search of persons (suspects) - Requirements - Expression "if the person to be searched so requires" - Scope of - HELD: Obligation of the authorised officer under sub-s.(1) of s.50 a 0 strict compliance - The mandate of s. 50 is precise and clear - If the person intended to be searched expresses to the authorised officer his desire to be taken to the nearest gazetted officer or the Magistrate, he cannot be searched till · the gazetted officer or the Magistrate,
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