https://www.taxtmi.com/caselaws?id=172923 In narcotics prosecutions, statutory safeguards governing search, seizure, arrest and personal search must be strictly complied with. Where a search is conducted after sunset or before sunrise, the officer must record the grounds of belief under the proviso to Section 42(1) and forward the information under Section 42(2). The person searched must also be informed of the right to be taken before a Gazetted Officer or Magistrate under Section 50, and the post-search requirements under Sections 52 and 57 must be shown to have been followed. Non-compliance with these mandatory protections vitiates the prosecution case and renders the conviction unsustainable. en-us Fri, 20 Jan 1995 00:00:00 +0530 Thu, 03 Sep 2015 17:39:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172923 In narcotics prosecutions, statutory safeguards governing search, seizure, arrest and personal search must be strictly complied with. Where a search is conducted after sunset or before sunrise, the officer must record the grounds of belief under the proviso to Section 42(1) and forward the information under Section 42(2). The person searched must also be informed of the right to be taken before a Gazetted Officer or Magistrate under Section 50, and the post-search requirements under Sections 52 and 57 must be shown to have been followed. Non-compliance with these mandatory protections vitiates the prosecution case and renders the conviction unsustainable. Case-Laws Indian Laws Fri, 20 Jan 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172923