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    <title>1995 (11) TMI 432 - Supreme Court</title>
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    <description>Non-compliance with the mandatory safeguards in Section 50 of the NDPS Act, requiring the accused to be informed of the right to be searched before a gazetted officer or Magistrate, was treated as fatal to the prosecution on the facts considered. The Court noted that breach of the statutory safeguard does not automatically render all evidence inadmissible, but its impact depends on the evidence in each case. On the material before it, the trial court&#039;s view was not unjustified, and confirmation of the acquittal was warranted because the prosecution had failed to establish compliance with Section 50.</description>
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      <title>1995 (11) TMI 432 - Supreme Court</title>
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      <description>Non-compliance with the mandatory safeguards in Section 50 of the NDPS Act, requiring the accused to be informed of the right to be searched before a gazetted officer or Magistrate, was treated as fatal to the prosecution on the facts considered. The Court noted that breach of the statutory safeguard does not automatically render all evidence inadmissible, but its impact depends on the evidence in each case. On the material before it, the trial court&#039;s view was not unjustified, and confirmation of the acquittal was warranted because the prosecution had failed to establish compliance with Section 50.</description>
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      <pubDate>Tue, 28 Nov 1995 00:00:00 +0530</pubDate>
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