https://www.taxtmi.com/caselaws?id=285539 Failure to inform an accused of the statutory right to be searched before a Gazetted Officer or Magistrate vitiates search and seizure where the safeguard is mandatory. The Bombay HC treated Section 50 of the NDPS Act and the corresponding protection under Section 102 of the Customs Act as mandatory, and held that recovery made without compliance could not sustain the prosecution. It further noted that the statements under Section 67 of the NDPS Act and Section 108 of the Customs Act were found involuntary and could not support conviction. The convictions and sentences were set aside and the appellant was ordered to be released. en-us Mon, 25 Jun 2001 00:00:00 +0530 Thu, 16 Jan 2020 17:32:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285539 Failure to inform an accused of the statutory right to be searched before a Gazetted Officer or Magistrate vitiates search and seizure where the safeguard is mandatory. The Bombay HC treated Section 50 of the NDPS Act and the corresponding protection under Section 102 of the Customs Act as mandatory, and held that recovery made without compliance could not sustain the prosecution. It further noted that the statements under Section 67 of the NDPS Act and Section 108 of the Customs Act were found involuntary and could not support conviction. The convictions and sentences were set aside and the appellant was ordered to be released. Case-Laws Customs Mon, 25 Jun 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285539