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 affecting the validity of the conviction. The appeal by the State was dismissed as the High Court's findings were not infirm.