Supreme Court of India · 2007-06-05
STATE OF RAJASTHAN vs BABU RAM
- Citation / case number
- SC 2002/18605
- Court
- Supreme Court of India
- Petitioner
- STATE OF RAJASTHAN
- Respondent
- BABU RAM
- Author
- ARIJIT PASAYAT
- Bench
- D.K. JAIN DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the High Court's acquittal of the accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, was erroneous due to a misinterpretation of Section 50. The Court clarified that the term 'search any person' does not extend to include bags or containers carried by the person, thus the mandatory compliance with Section 50 was not applicable in this case. The Court overturned the High Court's decision and reinstated the conviction under Section 17 of the Act, emphasizing the need for adherence to statutory provisions during searches.