Supreme Court of India

Ashok Kumar Sharma v. State of Rajasthan

Neutral citation
Reported as [2013] 1 S.C.R. 236
Bench K.S. Radhakrishnan and Dipak Misra JJ.
Decided 9 January 2013

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.

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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