https://www.taxtmi.com/caselaws?id=160936 Section 50 of the NDPS Act applies only to personal search and does not extend to recovery from a tanker or other vehicle. A vehicle check, where contraband is recovered from the tanker and not from the person of the accused, cannot be invalidated on Section 50 grounds. Searches and seizures on a public highway fall within Section 43 as a public place, so Section 42 and its proviso are not attracted; the presence of a gazetted officer in the search party also supported that view. On that basis, the conviction under the NDPS Act was restored. en-us Thu, 29 Apr 2004 00:00:00 +0530 Tue, 14 Apr 2020 14:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160936 Section 50 of the NDPS Act applies only to personal search and does not extend to recovery from a tanker or other vehicle. A vehicle check, where contraband is recovered from the tanker and not from the person of the accused, cannot be invalidated on Section 50 grounds. Searches and seizures on a public highway fall within Section 43 as a public place, so Section 42 and its proviso are not attracted; the presence of a gazetted officer in the search party also supported that view. On that basis, the conviction under the NDPS Act was restored. Case-Laws Indian Laws Thu, 29 Apr 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160936