STATE OF U.P. versus SUBHASH KUMAR SINGH TOMAR

STATE OF U.P. versus SUBHASH KUMAR SINGH TOMAR

Failure to comply with the requirement of Section 50 of NDPS Act by not informing the accused of his right to be searched before a Gazetted Officer or Magistrate renders the search illegal and leads to acquittal.

Parties
Appellant: State of Uttar Pradesh; Respondent: Subhash Kumar Singh Tomar
Jurisdiction
India
Judgment Date
15 April 2009
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Acquittal
Outcome
Appeal dismissed
Legal Topics
Search and Seizure, Compliance With Procedural Safeguards, Section 50 NDPS Act
Criminal Law Narcotics Law Search and Seizure Compliance With Procedural Safeguards Section 50 NDPS Act

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Parties

State of Uttar Pradesh

Appellant

Subhash Kumar Singh Tomar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Acquittal

Legal Issues

  1. 1 Whether non-compliance with Section 50 of the Narcotic Drugs and Psychotropic Substance Act renders the search and conviction illegal

Ratio Decidendi

Failure to comply with the requirement of Section 50 of NDPS Act by not informing the accused of his right to be searched before a Gazetted Officer or Magistrate renders the search illegal and leads to acquittal.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed; acquittal by High Court stands.