MANOHAR LAL versus STATE OF RAIASTHAN

MANOHAR LAL versus STATE OF RAIASTHAN

Compliance with Section 50 is established where the accused is given the statutory option for search; the accused’s right does not extend to personally choosing the specific Gazetted Officer or Magistrate.

Parties
Petitioner: Manoharlal; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
22 January 1996
Procedural Posture
Special Leave Petition (criminal) / Supreme Court Order Dismissing SLP
Outcome
petition dismissed
Legal Topics
Narcotic Drugs and Psychotropic Substances Act, Section 50 Search Procedures, Compliance Requirements
Criminal Law Narcotic Drugs and Psychotropic Substances Act Section 50 Search Procedures Compliance Requirements

Case Brief

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Parties

Manoharlal

Petitioner

State of Rajasthan

Respondent

Procedural Posture

Special Leave Petition (criminal) / Supreme Court Order Dismissing SLP

Legal Issues

  1. 1 Whether Section 50 of the Narcotic Drugs and Psychotropic Substances Act requires the accused to be given the option to choose between a Gazetted Officer and a Magistrate for search.
  2. 2 Whether the prosecution proved compliance with Section 50 of the NDPS Act.

Ratio Decidendi

Compliance with Section 50 is established where the accused is given the statutory option for search; the accused’s right does not extend to personally choosing the specific Gazetted Officer or Magistrate.

Court Disposition

petition dismissed

Orders

  • Special leave petition is dismissed.