https://www.taxtmi.com/caselaws?id=242421 When the prosecution invokes Section 50 of the NDPS Act, the accused must be clearly informed of the legal right to insist on being searched before a Magistrate or a Gazetted Officer. A notice that merely offers that such an authority may be called, without conveying an enforceable right, does not amount to compliance. A defective intimation cannot be treated as substantial compliance, and any recovery made on that basis is vitiated in law. The notice in question therefore failed to satisfy Section 50, the recovery of ganja was illegal, and the conviction and sentence were set aside with acquittal of the accused. en-us Wed, 08 Jan 2014 00:00:00 +0530 Mon, 13 Jan 2014 15:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=242421 When the prosecution invokes Section 50 of the NDPS Act, the accused must be clearly informed of the legal right to insist on being searched before a Magistrate or a Gazetted Officer. A notice that merely offers that such an authority may be called, without conveying an enforceable right, does not amount to compliance. A defective intimation cannot be treated as substantial compliance, and any recovery made on that basis is vitiated in law. The notice in question therefore failed to satisfy Section 50, the recovery of ganja was illegal, and the conviction and sentence were set aside with acquittal of the accused. Case-Laws Customs Wed, 08 Jan 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=242421