https://www.taxtmi.com/caselaws?id=162521 Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was treated as a mandatory safeguard for a person searched on prior information, requiring effective notice of the right to be searched before the nearest Magistrate or gazetted officer. That obligation was held to continue even where the searching officer himself was a gazetted officer. Because the accused's request for such search was not honoured, the search and recovery were held vitiated. Where the conviction rested solely on that recovery, the breach of Section 50 rendered the conviction and sentence liable to be set aside. en-us Fri, 25 Aug 2000 00:00:00 +0530 Sat, 28 Jun 2014 15:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=162521 Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was treated as a mandatory safeguard for a person searched on prior information, requiring effective notice of the right to be searched before the nearest Magistrate or gazetted officer. That obligation was held to continue even where the searching officer himself was a gazetted officer. Because the accused's request for such search was not honoured, the search and recovery were held vitiated. Where the conviction rested solely on that recovery, the breach of Section 50 rendered the conviction and sentence liable to be set aside. Case-Laws Customs Fri, 25 Aug 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=162521