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Issues: Whether, on a proper construction of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the accused is entitled to choose not only whether the search should be conducted in the presence of a gazetted officer or a magistrate, but also which of those two authorities should be present.
Analysis: Section 50 was construed as requiring only that the person to be searched be informed of the option to be searched either by the officer conducting the search or in the presence of the nearest available gazetted officer or nearest available magistrate. Once that option is exercised, the choice between the nearest gazetted officer and the nearest magistrate lies with the searching officer, whose duty is to avoid undue delay and carry out the search before whichever of the two is conveniently available. The construction urged by the petitioner, which would confer on the accused a further choice between the two authorities, was rejected as inconsistent with the plain language of the provision.
Conclusion: The accused has no right under Section 50 to select between a gazetted officer and a magistrate; the statutory option is limited to choosing whether the search is to be conducted in the presence of one of them, and compliance was found on the facts.
Ratio Decidendi: Under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the accused's right is limited to opting for search before a gazetted officer or magistrate, while the selection of the nearest available authority is for the searching officer.
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