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2002 Supreme(SC) 2181

U.C.BANERJEE, SHIVARAJ V.PATIL
State of Punjab – Appellant
Versus
Vijay Shankar – Respondent


ORDER :

1. The Narcotic Drugs and Psyche - tropic Substances Act, 1985 was incorporated and introduced in the statute book to amend the laws relating to narcotic drugs and to make stringent provisions to control and regulate the narcotic drugs and psychotropic substances. The recent trend of judicial decisions depicts the strictness of the interpretation of the statute and the matter has had traveled on more than one occasion before the constitution bench of this Court for its proper appreciation and interpretation.

2. In State of Punjab v. Baldev Singh, the constitution bench of this Court in no uncertain terms stated the requirement of law as regards the compliance of section 50 as below:

    25. To be searched before a gazetted officer or a magistrate, if the suspect so re - quires, is an extremely valuable right which the legislature has given to the person concerned having regard to the grave consequences that may entail the possession of illicit articles under the Narcotic Drugs And Psychotropic Substances Act. It appears to have been incorporated in the Act keeping in view the seventy of the punishment. The rationale behind the provision is even otherwise manifest. The search befor

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