SC ruling on drug peddlers

A Constitution bench of the Supreme Court on Friday ruled that a suspect caught for possession of narcotic drugs and psychotropic substances has to be searched in front of a gazetted officer or a magistrate as otherwise the prosecution would become illegal.

Updated on: Oct 30, 2010, 24:48:47 IST

Hindustan Times | By HT Correspondent, New Delhi

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A Constitution bench of the Supreme Court on Friday ruled that a suspect caught for possession of narcotic drugs and psychotropic substances has to be searched in front of a gazetted officer or a magistrate as otherwise the prosecution would become illegal.

The apex court said the purpose of laying such a safeguard under Section 50(1) of the Narcotic Drugs and Psychotropic Substances was to ensure that innocent persons are not falsely implicated by law enforcement agencies.

The bench said it would be better if the suspect is searched before a judicial magistrate as that would lend more credence to the prosecution claim.

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