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february 2004

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.

State Of Punjab vs Makhan Chand · Niyam