Mandatory compliance with Section 50 NDPS Act requires actual production before a gazetted officer or Magistrate, not just informing the option.

Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is mandatory and must be strictly complied with. Merely informing an accused of the option to be searched before a gazetted officer or Magistrate is insufficient; the accused must actually be taken before the nearest gazetted officer or Magistrate to ensure authenticity, transparency and credibility of the search. On the stated facts, this requirement was not duly met, and the High Court's decision setting aside the conviction was left undisturbed.

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Issues: Whether the requirement of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was complied with when the accused was merely informed of the option to be searched before a gazetted officer or Magistrate.

Analysis: The requirement under Section 50 is mandatory and must be strictly construed. Mere communication of the choice of being searched in the presence of a gazetted officer or Magistrate is not enough. The accused must actually be taken before the nearest gazetted officer or Magistrate so that the search acquires authenticity, transparency and creditworthiness.

Conclusion: The requirement of Section 50 was not duly complied with, and the High Court's finding setting aside the conviction called for no interference.

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