State Of U.P vs Subhash Kumar Singh Tomar

The Supreme Court upheld the Allahabad High Court's judgment acquitting the accused under Section 20(b) of The Narcotic Drugs and Psychotropic Substances Act, 1985, due to non-compliance with Section 50, which mandates informing the suspect of their right to have their search conducted in the presence of a Gazetted Officer or Magistrate. The Court emphasized that failure to comply with this requirement renders the search illegal, thus invalidating the conviction based solely on the recovery of contraband. The appeal by the State was dismissed, affirming the High Court's decision.