KRISHAN KUMAR vs STATE OF HARYANA

The Supreme Court addressed the appeal against the High Court's conviction of the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court emphasized the necessity of compliance with Section 50 of the Act, which mandates that a search must be conducted in the presence of a Magistrate if requested by the accused. The Court held that the High Court's earlier decision to set aside the conviction was justified due to the ambiguity regarding whether the Tehsildar was acting as a Magistrate during the search, thus remanding the case for further examination of this critical issue.