https://www.taxtmi.com/caselaws?id=197211 In NDPS prosecutions, the prosecution must affirmatively prove that the accused was informed of the statutory right to be searched before a Magistrate or Gazetted Officer under Section 50 before the search is conducted. Compliance with this mandatory safeguard cannot be presumed from silence in the record, and the evidence must clearly show that the right was communicated. Where the search witness does not establish such notice and the High Court has made no clear finding on compliance, the conviction and sentence cannot be sustained. en-us Wed, 11 Aug 1999 00:00:00 +0530 Sat, 30 Dec 2017 12:54:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197211 In NDPS prosecutions, the prosecution must affirmatively prove that the accused was informed of the statutory right to be searched before a Magistrate or Gazetted Officer under Section 50 before the search is conducted. Compliance with this mandatory safeguard cannot be presumed from silence in the record, and the evidence must clearly show that the right was communicated. Where the search witness does not establish such notice and the High Court has made no clear finding on compliance, the conviction and sentence cannot be sustained. Case-Laws Indian Laws Wed, 11 Aug 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197211