https://www.taxtmi.com/caselaws?id=264096 Section 50 of the NDPS Act requires strict and clear communication of the suspect's statutory right to be searched before a Gazetted Officer or Magistrate. A mere offer or option to call such an officer, without informing the accused that this is a legal right, is insufficient. On the stated facts, the notice was defective and non-compliant, so the recovery made on that basis was treated as unlawful. Because the recovery was illegal, the conviction and sentence founded on it could not be sustained and were set aside. en-us Tue, 03 Dec 2013 00:00:00 +0530 Mon, 14 Sep 2015 15:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=264096 Section 50 of the NDPS Act requires strict and clear communication of the suspect's statutory right to be searched before a Gazetted Officer or Magistrate. A mere offer or option to call such an officer, without informing the accused that this is a legal right, is insufficient. On the stated facts, the notice was defective and non-compliant, so the recovery made on that basis was treated as unlawful. Because the recovery was illegal, the conviction and sentence founded on it could not be sustained and were set aside. Case-Laws Customs Tue, 03 Dec 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=264096