Judgment Intelligence
Other- Court
- Supreme Court of India
- Date of Decision
- 21 July 1999
- Bench
- Chief Justice A.S. Anand and Justices S.B. Majmudar, Sujata V. Manohar, K. Venkataswami and V.N. Khare (Constitution Bench)
- Relevant Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 41, 42, 43, 50, 51, 54, 57
Reference answered in the terms of the conclusions; the criminal appeals and special leave petitions were directed to be placed for disposal before an appropriate Bench (paras 93-95).
Key holdings
- An empowered officer acting on prior information must inform the suspect of his right to be searched before a Gazetted Officer or a Magistrate; the information need not be in writing (para 93).
- Failure to inform, or to search before the officer chosen, may not vitiate the trial but renders the recovery suspect and vitiates a conviction resting only on that recovery (para 93).
- Contraband seized from the person in a search violating Section 50 cannot by itself prove unlawful possession, though other material may be used in other proceedings (para 93).
- A Section 54 presumption can be raised only after possession is established in a search that complies with Section 50 (para 93).
Brief Facts
Court's Findings
Legal Principle
Precedents Relied Upon
- State of Punjab v. Balbir Singh 1994 (3) SCC 299
The empowered officer must inform the person to be searched of his right to be searched before a Gazetted Officer or a Magistrate; later decisions uniformly adhered to this view.
- Ali Mustaffa Abdul Rahman Moosa v. State of Kerala 1994 (6) SCC 569
Pooran Mal does not allow contraband seized in an illegal search to fasten liability for unlawful possession; approved as correctly interpreting Pooran Mal.
- Pooran Mal v. Director of Inspection (Investigation), New Delhi 1974 (1) SCC 345
Confined to its Income Tax context: material seized in an illegal search can be used before the tax authorities, but it does not make contraband from an illegal personal search proof of unlawful possession.
View all precedents (5)
- State of Himachal Pradesh v. Pirthi Chand 1996 (2) SCC 37
Its broad observations that evidence from a search violating Section 50 remains usable were held not in tune with the correct exposition of law.
- State of Punjab v. Jasbir Singh (1996) 1 SCC 288
Its broad observations that evidence collected in breach of Section 50 does not become inadmissible were held not in tune with the correct exposition of law.