Supreme Court of India · 2005-07-25
State Of Punjab vs Sawaran Singh
- Citation / case number
- AIR 2005 SUPREME COURT 3114
- Court
- Supreme Court of India
- Petitioner
- State Of Punjab
- Respondent
- Sawaran Singh
- Author
- K.G. Balakrishnan
- Bench
- K.G. Balakrishnan, B.N. Srikrishna
Judgment text excerpt
The Supreme Court upheld the acquittal of the accused under Section 18 of the NDPS Act, 1985, emphasizing the violation of Section 50 which mandates that the accused must be informed of their right to have a search conducted in the presence of a Gazetted Officer or Magistrate. The Court found that the evidence presented was not properly put to the accused during the Section 313 CrPC examination, rendering it inadmissible. Consequently, the appeal by the State of Punjab was dismissed, affirming the High Court's decision.