Section 50 NDPS safeguard applies only to personal search, not recovery from a plastic bag found with the accused.

Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applies only to a search of the person of the accused and not to recovery from baggage, receptacles, or other articles such as a plastic bag. Because the contraband was recovered from a plastic bag found with the accused, the statutory safeguard of informing the accused of the right to be searched before a Magistrate or Gazetted Officer was not attracted. The finding of possession was concurrently recorded on the evidence, and the conviction was sustained.

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Issues: Whether the protection under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was attracted when the contraband was recovered from a plastic bag lying with the accused and not from a search of his person.

Analysis: Section 50 applies only when there is a search of the person of the accused, as distinguished from a search of baggage, premises, or other receptacles. The recovery in the case was from a plastic bag found with the accused, and the finding of possession was concurrently recorded on the evidence. Since the search was not a personal search, the statutory safeguard requiring intimation of the right to be searched before a Magistrate or Gazetted Officer was not applicable.

Conclusion: Section 50 was not violated, and the conviction was sustained.

Ratio Decidendi: The procedural safeguard under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is confined to a search of the person and does not extend to recovery from baggage or other articles not amounting to a personal search.

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