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.