VidhiSangh

Supreme Court of India · 27/04/2018

ARIF KHAN @ AGHA KHAN versus STATE OF UTTARAKHAND

[2018] 6 S.C.R. 787 · 2018 INSC 426

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Summary

The Supreme Court acquitted the appellant of the NDPS charge because the prosecution failed to establish compliance with the mandatory personal-search safeguard under section 50. Although the police asserted that he had been informed of his right and consented in writing to search by the raiding party, the Court held that insufficient in this case: he had not been produced before a Magistrate or Gazetted Officer, the search occurred without either, and none of the searching officers was gazetted. The conviction and sentence were set aside.

Issues

  1. Whether the prosecution established mandatory section 50 compliance for recovery from the appellant’s body.
  2. Whether the written consent relied on by the courts below sustained the particular search.

Held

Result

Appeal allowed; impugned judgment and conviction set aside. Appellant acquitted of the charges.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 787.