Supreme Court of India · 2004-02-27
State Of Punjab vs Makhan Chand
- Citation / case number
- AIR 2004 SUPREME COURT 3061
- Court
- Supreme Court of India
- Petitioner
- State Of Punjab
- Respondent
- Makhan Chand
- Author
- B.N. Srikrishna
- Bench
- K.G. Balakrishnan, B.N. Srikrishna
Judgment text excerpt
The Supreme Court held that Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, applies only to searches of individuals, not to searches of items carried by individuals. The Court found that the High Court erred in acquitting the respondent on the grounds of non-joining independent witnesses, as the search was conducted during a routine investigation. The Court reversed the High Court's decision and reinstated the conviction under Sections 18 and 21 of the Act, emphasizing the applicability of Section 50 in specific contexts.