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april 2004

Supreme Court of India · 2004-04-29

State Of Haryana vs Jarnail Singh And Others

Citation / case number
AIR 2004 SUPREME COURT 2491
Court
Supreme Court of India
Petitioner
State Of Haryana
Respondent
Jarnail Singh And Others
Author
B.P. Singh
Bench
N. Santosh Hegde, B.P. Singh

Judgment text excerpt

The Supreme Court upheld the High Court's acquittal of the respondents under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, due to non-compliance with Sections 42 and 50. The Court emphasized that the accused must be informed of their right to have the search conducted in the presence of a Magistrate or a gazetted officer, and that the SHO failed to record necessary grounds for belief before conducting the search. The Court affirmed that the trial was vitiated due to these procedural lapses, leading to the dismissal of the State's appeal.

State Of Haryana vs Jarnail Singh And Others · Niyam