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april 2004

Supreme Court of India · 2004-04-29

STATE OF HARYANA vs JARNAIL SINGH .

Citation / case number
SC 1998/11720
Court
Supreme Court of India
Petitioner
STATE OF HARYANA
Respondent
JARNAIL SINGH .
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, citing non-compliance with Sections 42 and 50. The Court emphasized that the accused must be informed of their right to have their search conducted in the presence of a Magistrate or a gazetted officer, and that the SHO failed to record grounds for belief before conducting the search. The Court affirmed that such procedural lapses vitiated the trial, leading to the acquittal of the respondents.

STATE OF HARYANA vs JARNAIL SINGH . · Niyam