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july 1996

Supreme Court of India · 1996-07-19

STATE OF PUNJAB vs LABH SINGH

Citation / case number
SC 1991/78466
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
LABH SINGH
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, an accused has the right to be informed of their entitlement to be searched in the presence of a Gazetted Officer. The Court emphasized that failure to inform the accused of this right vitiates the trial, as seen in the precedents of State of Punjab v. Balbir Singh and State of Punjab v. Jasbir Singh. The Court confirmed the acquittal of the respondents due to the violation of this statutory right, while also noting that the validity of the search depends on the specific facts and circumstances of each case.

STATE OF PUNJAB vs LABH SINGH · Niyam