Supreme Court of India · 2012-04-04
Myla Venkateswarlu vs State Of A.P
- Citation / case number
- AIR 2012 SUPREME COURT 1619
- Court
- Supreme Court of India
- Petitioner
- Myla Venkateswarlu
- Respondent
- State Of A.P
- Bench
- Aftab Alam, Ranjana Prakash Desai
Judgment text excerpt
The Supreme Court held that the conviction under Section 8(c) read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, was flawed due to a violation of procedural safeguards under Section 50 of the NDPS Act, which mandates that a person must be taken to a Gazetted Officer if requested before a search is conducted. The Court emphasized that failure to comply with this provision undermines the legality of the search and subsequent seizure of evidence. Consequently, the Court set aside the conviction and ordered the release of the appellant.