https://www.taxtmi.com/caselaws?id=156943 Section 50(1) of the NDPS Act requires the person searched to be clearly informed of the right to be searched before the nearest Gazetted Officer or Magistrate; a vague reference or mere enquiry is not enough. The prosecution evidence did not establish proper communication of that right, and witness inconsistencies also created doubt about the manner of recovery. As the conviction depended solely on recovery of ganja from the accused's person, the non-compliance was held to go to the root of the prosecution case. The search was found unlawful, and the conviction and sentence were set aside, resulting in acquittal. en-us Wed, 04 Apr 2012 00:00:00 +0530 Tue, 27 Oct 2015 09:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=156943 Section 50(1) of the NDPS Act requires the person searched to be clearly informed of the right to be searched before the nearest Gazetted Officer or Magistrate; a vague reference or mere enquiry is not enough. The prosecution evidence did not establish proper communication of that right, and witness inconsistencies also created doubt about the manner of recovery. As the conviction depended solely on recovery of ganja from the accused's person, the non-compliance was held to go to the root of the prosecution case. The search was found unlawful, and the conviction and sentence were set aside, resulting in acquittal. Case-Laws Customs Wed, 04 Apr 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=156943