https://www.taxtmi.com/caselaws?id=170859 Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 requires strict compliance in a personal search: the person must be clearly and unambiguously informed of the right to be searched before a Gazetted Officer or Magistrate. A notice that merely suggests such an arrangement may be made, without conveying the existence of that legal right and the option to exercise it, is insufficient. Substantial compliance does not apply to this safeguard. Where the personal recovery is vitiated for breach of Section 50, the recovery becomes suspect and cannot sustain conviction under Section 21, and other evidence cannot cure the illegality of the search. en-us Thu, 07 Jul 2011 00:00:00 +0530 Wed, 28 Oct 2015 18:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170859 Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 requires strict compliance in a personal search: the person must be clearly and unambiguously informed of the right to be searched before a Gazetted Officer or Magistrate. A notice that merely suggests such an arrangement may be made, without conveying the existence of that legal right and the option to exercise it, is insufficient. Substantial compliance does not apply to this safeguard. Where the personal recovery is vitiated for breach of Section 50, the recovery becomes suspect and cannot sustain conviction under Section 21, and other evidence cannot cure the illegality of the search. Case-Laws Customs Thu, 07 Jul 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170859