https://www.taxtmi.com/caselaws?id=84151 Compliance with Section 50 of the NDPS Act is mandatory: the person searched must be informed of the right to be searched before a Gazetted Officer or Magistrate, and the searching officer must prove that compliance. If that safeguard is not shown, the search is legally vitiated and the NDPS conviction cannot stand. The presumption of regularity under Section 114(e) of the Evidence Act cannot be used to infer compliance where the record is silent on such notice. The text also notes that the conviction under the Bombay Prohibition Act was not sustainable on the evidentiary record described. en-us Mon, 03 Apr 1995 00:00:00 +0530 Thu, 01 May 2025 11:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=84151 Compliance with Section 50 of the NDPS Act is mandatory: the person searched must be informed of the right to be searched before a Gazetted Officer or Magistrate, and the searching officer must prove that compliance. If that safeguard is not shown, the search is legally vitiated and the NDPS conviction cannot stand. The presumption of regularity under Section 114(e) of the Evidence Act cannot be used to infer compliance where the record is silent on such notice. The text also notes that the conviction under the Bombay Prohibition Act was not sustainable on the evidentiary record described. Case-Laws Customs Mon, 03 Apr 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=84151