https://www.taxtmi.com/caselaws?id=173846 Section 50 of the NDPS Act applies only to a personal search and not to the search of bags or containers lying near an accused; recovery of poppy husk from bags by the roadside did not attract that safeguard, even though a gazetted officer was present. The High Court therefore erred in treating the recovery as a personal search, and the acquittal on that ground was unsustainable. The plea of false implication also failed because the alleged hostility was remote, the search was supported by prior secret information, and no convincing material showed planted evidence. The trial court conviction was restored and the sentence for the narcotic offence was affirmed. en-us Thu, 24 Feb 2005 00:00:00 +0530 Tue, 01 Dec 2015 21:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173846 Section 50 of the NDPS Act applies only to a personal search and not to the search of bags or containers lying near an accused; recovery of poppy husk from bags by the roadside did not attract that safeguard, even though a gazetted officer was present. The High Court therefore erred in treating the recovery as a personal search, and the acquittal on that ground was unsustainable. The plea of false implication also failed because the alleged hostility was remote, the search was supported by prior secret information, and no convincing material showed planted evidence. The trial court conviction was restored and the sentence for the narcotic offence was affirmed. Case-Laws Customs Thu, 24 Feb 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173846