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.