Mandatory Section 50 intimation is required before search; non-compliance can invalidate recovery and sustain no conviction.

Non-compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vitiates a search where the accused is not informed of the right to be searched before a Gazetted Officer or Magistrate. The Constitution Bench position is that this intimation is mandatory, and the omission is not cured merely because the accused did not make such a request. Where the search is illegal on that basis and no other evidence establishes possession of contraband, the conviction cannot be sustained.

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Issues: Whether the search and seizure were vitiated for non-compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and whether the conviction could be sustained on that evidence.

Analysis: The appellant was not informed of the right to be searched in the presence of a Gazetted Officer or a Magistrate. The legal position, as clarified by the Constitution Bench, is that such intimation is mandatory and the omission cannot be cured by the accused not making a request on his own. Once the search is held illegal for breach of Section 50, the evidence arising from that search cannot be relied upon. As there was no other evidence to establish possession of the contraband, the conviction and sentence could not be sustained.

Conclusion: Non-compliance with Section 50 vitiated the search and the conviction could not stand. The appeal was allowed and the appellant was acquitted.

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