https://www.taxtmi.com/caselaws?id=157827 Mandatory compliance with the Section 50 NDPS safeguard requires the suspect to be expressly informed of the right to be searched before a gazetted officer or Magistrate; a mere consent memo or option between the two does not satisfy the statutory requirement, and the recovery cannot sustain conviction when that safeguard is breached. A confession recorded by a Customs officer under Section 108 of the Customs Act was also not treated as sufficient where the exclusionary rule against confessions to police officers was applicable on the legal position considered. On the combined effect of both defects, the conviction was unsustainable and acquittal followed. en-us Thu, 21 Jul 2011 00:00:00 +0530 Wed, 28 Oct 2015 17:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=157827 Mandatory compliance with the Section 50 NDPS safeguard requires the suspect to be expressly informed of the right to be searched before a gazetted officer or Magistrate; a mere consent memo or option between the two does not satisfy the statutory requirement, and the recovery cannot sustain conviction when that safeguard is breached. A confession recorded by a Customs officer under Section 108 of the Customs Act was also not treated as sufficient where the exclusionary rule against confessions to police officers was applicable on the legal position considered. On the combined effect of both defects, the conviction was unsustainable and acquittal followed. Case-Laws Customs Thu, 21 Jul 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=157827