Supreme Court of India · 2002-08-21
State Of Punjab vs Vijay Shankar
- Citation / case number
- AIRONLINE 2002 SC 137
- Court
- Supreme Court of India
- Petitioner
- State Of Punjab
- Respondent
- Vijay Shankar
- Bench
- U.C. Banerjee, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court emphasized the mandatory nature of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which requires that a suspect must be informed of their right to be searched in the presence of a gazetted officer or magistrate. The Court clarified that while this information does not need to be provided in writing, it must be communicated orally at the time of the search. The High Court's ruling that this requirement must be in writing was overturned, reinforcing the necessity for compliance with Section 50 to ensure the integrity of the search and seizure process. The conviction under Section 15 of the NDPS Act was upheld, affirming the lower court's decision.