Supreme Court of India · 2005-04-08
State Of Himachal Pradesh vs Pawan Kumar
- Citation / case number
- AIR 2005 SUPREME COURT 2265
- Court
- Supreme Court of India
- Petitioner
- State Of Himachal Pradesh
- Respondent
- Pawan Kumar
- Author
- G.P. Mathur
- Bench
- R.C. Lahoti, G. P. Mathur, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court addressed the applicability of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, regarding searches of bags or containers carried by individuals. The Court held that the safeguards under Section 50 apply not only to personal searches but also to searches of articles carried by a person. The judgment of the High Court, which had set aside the conviction due to non-compliance with Section 50, was reversed, and the conviction under Section 18 of the NDPS Act was upheld, emphasizing the importance of adhering to statutory safeguards during searches.