Supreme Court of India · 2007-06-05
STATE OF HARYANA vs SURESH
- Citation / case number
- SC 2000/8522
- Court
- Supreme Court of India
- Petitioner
- STATE OF HARYANA
- Respondent
- SURESH
- Author
- ARIJIT PASAYAT
- Bench
- D.K. JAIN DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the Punjab and Haryana High Court's decision to acquit the accused under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, due to non-compliance with the mandatory requirements of Section 50 of the Act. The Court clarified that Section 50 pertains only to personal searches and not to the search of bags or containers carried by the accused. Consequently, the conviction by the Additional Sessions Judge was set aside, reinforcing the necessity of adhering to procedural safeguards in narcotics cases.