https://www.taxtmi.com/caselaws?id=244597 Section 50 of the NDPS Act requires a clear, individual and unambiguous communication of the right to be searched before the nearest Magistrate or gazetted officer. A joint notice to multiple accused was insufficient where one accused did not separately acknowledge the notice, and the safeguard was further diluted by offering search before a member of the raiding party, which is not contemplated by the statute. Because the search extended to the persons of both accused, Section 50 applied. The defective communication vitiated the search, and the conviction based on that search could not stand. en-us Fri, 28 Feb 2014 00:00:00 +0530 Thu, 14 Dec 2017 10:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=244597 Section 50 of the NDPS Act requires a clear, individual and unambiguous communication of the right to be searched before the nearest Magistrate or gazetted officer. A joint notice to multiple accused was insufficient where one accused did not separately acknowledge the notice, and the safeguard was further diluted by offering search before a member of the raiding party, which is not contemplated by the statute. Because the search extended to the persons of both accused, Section 50 applied. The defective communication vitiated the search, and the conviction based on that search could not stand. Case-Laws Customs Fri, 28 Feb 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=244597