Supreme Court of India · 2005-08-23
State Of Rajasthan vs Daulat Ram
- Citation / case number
- AIR 2005 SUPREME COURT 3816
- Court
- Supreme Court of India
- Petitioner
- State Of Rajasthan
- Respondent
- Daulat Ram
- Bench
- B.P. Singh, S.H. Kapadia
Judgment text excerpt
The Supreme Court held that the provisions of Section 50 of the NDPS Act, which require a person to be informed of their right to be searched before a Gazetted officer or Magistrate, apply to personal searches only. The Court found that the High Court erred in acquitting the respondent on the basis that the search of the bag constituted a personal search, thereby violating Section 50. The Supreme Court reversed the High Court's decision, reinstating the conviction under Section 8/18 of the NDPS Act and upholding the sentence of 12 years rigorous imprisonment and a fine.