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may 2011

Supreme Court of India · 2011-05-20

Narcotics Central Bureau vs Sukh Dev Raj Sodhi

Citation / case number
AIR 2011 SUPREME COURT 1939
Court
Supreme Court of India
Petitioner
Narcotics Central Bureau
Respondent
Sukh Dev Raj Sodhi
Bench
Deepak Verma, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court upheld the High Court's decision to set aside the conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985, citing non-compliance with the mandatory provisions of Section 50. The Court reiterated that merely informing the accused of their option to be searched in the presence of a gazetted officer or Magistrate is insufficient; the accused must actually be presented to the officer or Magistrate. Consequently, the appeal was dismissed, affirming the High Court's ruling.

Narcotics Central Bureau vs Sukh Dev Raj Sodhi · Niyam