STATE OF RAJASTHAN versus BABU RAM

Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applies to the search of the person and not to bags or containers carried by the person; therefore, acquittal based on non-compliance with Section 50 was unsustainable.

Source-derived case information.

Parties: Appellant: State of Rajasthan; Respondent: Babu Ram
Jurisdiction: India
Judgment Date: 05 June 2007
Procedural Posture: Criminal Appeal / Appeal From High Court Judgment in S.b. Criminal Appeal No. 338/1987
Outcome: Appeal allowed to the extent; matter remitted to the High Court for rehearing on grounds other than Section 50 compliance.
Legal Topics: Narcotic Drugs and Psychotropic Substances Act, Interpretation of 'person' Under Section 50, Search and Seizure Protocols

Criminal Law Narcotic Drugs and Psychotropic Substances Act Interpretation of 'person' Under Section 50 Search and Seizure Protocols

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Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

State of Rajasthan

Appellant

Babu Ram

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment in S.b. Criminal Appeal No. 338/1987

Legal Issues

1 Whether search of bag carried by accused attracts Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985
2 Meaning of 'search any person' under Section 50

Ratio Decidendi

Court Disposition

Appeal allowed to the extent; matter remitted to the High Court for rehearing on grounds other than Section 50 compliance.

Orders

Matter remitted to High Court for fresh consideration of appeal on grounds other than alleged non-compliance of Section 50.

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