NDTV.com: Male officers cannot frisk women: SC

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Male officers cannot frisk women: SC

Press Trust of India

Sunday, March 15, 2009, (New Delhi)

Male officers cannot frisk women for the purpose of confiscating contraband materials like narcotics as it is illegal and would render the prosecution's case invalid, the Supreme Court has held.

The apex court said any personal search of a woman by male officers is violative of Sub-section 4 of Section 50 of the Narcotics and Psychotropic Substances Act.

"Personal search of the accused was conducted by DSP Baldev Singh which as indicated herein before was violative of the provisions of Sub-section 4 of Section 50 of the Act," a three-judge bench of Justices S B Sinha, Mukundakam Sharma and H L Dattu observed.

Search of women if any can be conducted only by women personnel, the apex court said.

The bench passed the ruling while dismissing an appeal filed by Punjab Government challenging the acquittal order passed by the Punjab and Haryana High Court in favour of an old lady Gurnam Kaur and her daughters-in law -- Ranjit Kaur and Gurjit Kaur.

A Sessions court had convicted the trio for possessing narcotic substances and sentenced them to 12 years rigorous imprisonment.

However, on an appeal the High Court acquitted the accused on the ground that there were several infirmities in the prosecution's case, besides holding as illegal the search of the women by male officers.

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