https://www.taxtmi.com/caselaws?id=238749 Where a search is undertaken after police suspicion that narcotic contraband may be concealed, Section 50 of the NDPS Act is treated as a mandatory safeguard and must be strictly complied with. The record must also satisfactorily establish that any Gazetted Officer relied on for compliance was in fact competent to act in that capacity; absent that proof, the search is vitiated and the conviction cannot stand. An appellate court hearing a conviction challenge must also independently reappraise the evidence and legal objections rather than merely adopt the trial court's reasoning. Failure to do so makes the appellate affirmation unsustainable. en-us Mon, 28 Oct 2013 00:00:00 +0530 Wed, 30 Oct 2013 16:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=238749 Where a search is undertaken after police suspicion that narcotic contraband may be concealed, Section 50 of the NDPS Act is treated as a mandatory safeguard and must be strictly complied with. The record must also satisfactorily establish that any Gazetted Officer relied on for compliance was in fact competent to act in that capacity; absent that proof, the search is vitiated and the conviction cannot stand. An appellate court hearing a conviction challenge must also independently reappraise the evidence and legal objections rather than merely adopt the trial court's reasoning. Failure to do so makes the appellate affirmation unsustainable. Case-Laws Customs Mon, 28 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=238749