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.