Section 50 safeguard does not apply to recovery from a bag carried by the accused, leaving the conviction intact.

Section 50 applies only to a search of the person of the accused, not to recovery from a bag carried by the accused. On that basis, opium recovered from the bag did not trigger the personal-search safeguard, and the courts below were justified in holding that the conviction was not vitiated by non-compliance with Section 50.

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Issues: Whether the mandatory safeguard under Section 50 applied where opium was recovered from a bag carried by the accused and, if so, whether non-compliance vitiated the conviction.

Analysis: Section 50 is attracted only when a search is made of the person of the accused. Where the contraband is recovered from a bag carried by the accused, the recovery is not from the person of the accused and the personal-search safeguard does not apply. The courts below were therefore justified in holding that the conviction was not illegal on this ground.

Conclusion: Section 50 was not applicable to the recovery from the bag, and the conviction was not vitiated.

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