SC Clarifies NDPS Act provisions on Gazetted Officer's During Search
- Case Name: State of NCT of Delhi v Mohd Jabir
- Judge(s): CJI Sanjiv Khanna and Justice PV Sanjay Kumar
- Advocate(s): Mrs. Ruchi Kohli, Sr. Adv. (N/P), Ms. Mukta Gupta
The Supreme Court reviewed a case involving Mohd Jabir, accused of heroin possession, where the police used the term "any" instead of "nearest" gazetted officer in the search notice under Section 50 of the NDPS Act.
The issue was whether the use of "any" instead of "nearest" invalidated the search notice and violated the accused’s right to have a neutral officer present.
The Court ruled that "any" and "nearest" are interchangeable and do not invalidate the search. It disagreed with the Delhi High Court's decision and cancelled Jabir’s bail, affirming compliance with Section 50.
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