Supreme Court of India
Ashok Kumar Sharma v. State of Rajasthan
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that the Special Court as well as the High Court has committed an error in not properly appreciating the scope of Section 50 of the NDPS Act.
Judgment, page 7
From the headnote
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985: s. 50 - Search of person of suspect I accused - Procedure - Nature of- Conviction of accused ulss.8 and 21 - Held: It is mandatory on the part of the authorized officer to make the accused aware of his right to be searched before a Gazetted 0 Officer or a Magistrate, if so required by him and this mandatory provision requires strict compliance - In the instant case. accused had been only informed that he could be searched before a Magistrate or a Gazetted Officer, if he so wished - Thus, there being non-compliance of the mandatory
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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