Supreme Court of India · 2009-07-29
KARNAIL SINGH vs STATE OF HARYANA
- Citation / case number
- SC 2002/17141
- Court
- Supreme Court of India
- Petitioner
- KARNAIL SINGH
- Respondent
- STATE OF HARYANA
- Author
- P. Sathasivam
- Bench
- K.G. BALAKRISHNAN,R.V. RAVEENDRAN,D.K. JAIN,P. SATHASIVAM,J.M. PANCHAL
Judgment text excerpt
The Supreme Court held that compliance with Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is mandatory, and failure to adhere to this requirement can prejudice the accused. The Court emphasized the need for strict compliance with procedural safeguards to prevent arbitrary enforcement of the law. The conflicting views from previous judgments were resolved, affirming that the prosecution must prove adherence to the statutory provisions for searches and seizures without a warrant.