Supreme Court of India · 2008-09-23
Man Bahadur vs State Of H.P
- Citation / case number
- AIR 2009 SUPREME COURT 369
- Court
- Supreme Court of India
- Petitioner
- Man Bahadur
- Respondent
- State Of H.P
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court held that under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, an accused must be informed of their right to be searched before a Magistrate or a gazetted officer. The Court reiterated the principles established in State of Punjab Vs. Baldev Singh and emphasized that failure to communicate this right can cause prejudice to the accused. The appeal was allowed due to the lack of evidence showing that the appellant was made aware of this right during the search process.