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april 2005

Supreme Court of India · 2005-04-08

STATE OF H.P. vs PAWAN KUMAR

Citation / case number
SC 1997/239
Court
Supreme Court of India
Petitioner
STATE OF H.P.
Respondent
PAWAN KUMAR
Author
R.C. LAHOTI,G. P. MATHUR,P.K. BALASUBRAMANYAN
Bench
CJI 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, determining that the safeguards for search of a 'person' extend to bags or containers carried by the individual. The Court held that the High Court erred in excluding the Chemical Examiner's report and in finding non-compliance with Section 50, thus reversing the acquittal and reinstating the conviction under Section 18 of the NDPS Act. The accused was sentenced to ten years of rigorous imprisonment and a fine of Rs. 1 lakh.

STATE OF H.P. vs PAWAN KUMAR · Niyam