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april 2004

Supreme Court of India · 2004-04-21

T.T. Haneefa vs State Of Kerala

Citation / case number
AIR 2004 SUPREME COURT 3316
Court
Supreme Court of India
Petitioner
T.T. Haneefa
Respondent
State Of Kerala
Bench
K.G. Balakrishnan, B.N. Srikrishna

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 21 of the NDPS Act, affirming the sentence of 10 years rigorous imprisonment and a fine. The Court ruled that there was no violation of Section 50 of the NDPS Act, as the appellant was informed of his right to have a search conducted in the presence of a Magistrate, which he declined. The Court clarified that the officer conducting the search has the discretion to choose between a gazetted officer or a Magistrate based on availability, thus rejecting the appellant's argument regarding the search procedure.

T.T. Haneefa vs State Of Kerala · Niyam