Section 50 NDPS compliance governs personal search only; independent vehicle recovery of contraband remains valid.

Section 50 of the NDPS Act applies to personal search and requires strict compliance when the prosecution relies on recovery from the person searched. Recovery from a vehicle, bag, container or premises stands on a different footing and is not vitiated by irregularity in the personal search; the Court held that independent recovery of contraband from the vehicle remained admissible, the contrary view on extending Section 50 to vehicle recovery was incorrect, and the acquittal was unsustainable, with conviction restored and the substantive sentence reduced.

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Issues: Whether non-compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in relation to the personal search of the accused vitiated the recovery of contraband from the vehicle and entitled the accused to acquittal.

Analysis: The protection under Section 50 applies only to personal search and requires strict compliance where the prosecution relies on recovery from the person searched. A recovery from a vehicle, bag, container or premises stands on a different footing and is not governed by Section 50. The Court reiterated that a conviction cannot rest only on contraband recovered from an ? person in breach of Section 50, but if the search of the vehicle independently yields contraband, that recovery remains admissible and cannot be nullified merely because the personal search was irregular. The earlier view extending Section 50 non-compliance to vehicle recovery was held to be incorrect.

Conclusion: Non-compliance with Section 50 in respect of personal search did not invalidate the independent recovery of poppy husk from the vehicle; the acquittal was unsustainable and the conviction was restored with reduction of the substantive sentence.

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