https://www.taxtmi.com/caselaws?id=163513 Section 50 of the NDPS Act applies only to a personal search, so it does not govern recovery of charas from a bag carried by the accused. Even on the assumption that it applied, oral communication of the option to be searched before a Gazetted Officer or Magistrate was sufficient, and substantial compliance was shown when the accused declined that option. A minor variation between the approximate sample weight taken at seizure and the chemical examiner's recorded weight did not undermine the prosecution where the seized articles were sealed throughout and the chain of custody remained intact. The High Court acquittal was set aside and the conviction and sentence were restored. en-us Thu, 16 Jan 2003 00:00:00 +0530 Mon, 23 Jun 2014 14:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=163513 Section 50 of the NDPS Act applies only to a personal search, so it does not govern recovery of charas from a bag carried by the accused. Even on the assumption that it applied, oral communication of the option to be searched before a Gazetted Officer or Magistrate was sufficient, and substantial compliance was shown when the accused declined that option. A minor variation between the approximate sample weight taken at seizure and the chemical examiner's recorded weight did not undermine the prosecution where the seized articles were sealed throughout and the chain of custody remained intact. The High Court acquittal was set aside and the conviction and sentence were restored. Case-Laws Customs Thu, 16 Jan 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=163513