https://www.taxtmi.com/caselaws?id=162523 Section 50 of the NDPS Act applies only to a personal search and is satisfied when the accused is informed of the right to be searched before the nearest Gazetted Officer or Magistrate. The safeguard is substantive, not formalistic: the provision does not require the Gazetted Officer to be unconnected with the raiding party as a matter of law, and no presumption of bias arises merely because the officer was present at the spot. Where the accused voluntarily opts to be searched before the available Gazetted Officer and prejudice is not shown, compliance remains valid and the search is not illegal for want of statutory safeguards. en-us Tue, 12 Apr 2005 00:00:00 +0530 Mon, 16 Jun 2014 11:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=162523 Section 50 of the NDPS Act applies only to a personal search and is satisfied when the accused is informed of the right to be searched before the nearest Gazetted Officer or Magistrate. The safeguard is substantive, not formalistic: the provision does not require the Gazetted Officer to be unconnected with the raiding party as a matter of law, and no presumption of bias arises merely because the officer was present at the spot. Where the accused voluntarily opts to be searched before the available Gazetted Officer and prejudice is not shown, compliance remains valid and the search is not illegal for want of statutory safeguards. Case-Laws Customs Tue, 12 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=162523