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.