Supreme Court of India
Suresh & Ors. v. State of Madhya Pradesh
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that, in the case on hand, the search and seizure of the suspect from the person of the appellants is bad and conviction is unsustainable in law. c.
Judgment, page 18
From the headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 s. 50, read with ss. 8 and 18 - Search of person of c suspect- Procedure to be followed - Held: Sub-s. (1) of s.50 makes it imperative for the empowered officer to "inform" the suspect of his right that if he so requires, he shall be searched before a gazetted officer or a Magistrate - Failure to do so would vitiate conviction and sentence where the conviction has been recorded only on the basis of recovery of contraband from the person of the accused - The provision is mandatory and requires strict compliance - In the instant case, merely
Authorities it was built on
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.