VidhiSangh

Supreme Court of India · 06/10/2023

RANJAN KUMAR CHADHA versus STATE OF HIMACHAL PRADESH

[2023] 13 S.C.R. 289 · 2023 INSC 878

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld the conviction for charas recovered from a shoulder bag, holding that Section 50 of the NDPS Act applies to personal searches and did not govern this recovery. It explained the obligation to communicate the statutory right before a personal search and directed prospectively that a suspect’s voluntary waiver be recorded in signed writing. Both appeals were dismissed.

Issues

  1. Whether Section 50 governed the search and recovery from the accused’s shoulder bag.
  2. What communication and waiver of the right to search before a Gazetted Officer or Magistrate require.

Provisions considered

Held

Result

Both appeals dismissed. The High Court’s conviction and sentence under the NDPS Act were upheld; pending applications disposed of. The written-waiver requirement was made prospective.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 289.