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november 2006

Supreme Court of India · 2006-11-24

DILIP vs STATE OF M.P.

Citation / case number
SC 2003/26550
Court
Supreme Court of India
Petitioner
DILIP
Respondent
STATE OF M.P.
Author
S.B. Sinha
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court held that the mandatory provisions of Sections 41, 42, and 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) must be strictly complied with during searches and seizures. The Court found that the High Court erred in holding that Section 57 was not mandatory and that substantial compliance was sufficient. The Court reinstated the acquittal of the appellants, emphasizing that the procedural safeguards are crucial in narcotics cases, and the failure to adhere to these provisions vitiated the search and seizure process.

DILIP vs STATE OF M.P. · Niyam