https://www.taxtmi.com/caselaws?id=290584 In NDPS prosecutions, a search of checked baggage no longer under the passenger's personal control is treated as a baggage search and does not attract the personal-search safeguards of Section 50. A search conducted in the restricted luggage-hold area behind the customs counter is governed by Section 42, not Section 43, so the requirement to record information in writing and forward it to a superior officer remains mandatory. Compliance with Section 57 must also be proved by primary or reliable evidence; a bare oral assertion is insufficient where the seizure report or proof of dispatch is withheld. The stated consequence is that failure to establish these safeguards vitiates the conviction. en-us Thu, 20 Mar 1997 00:00:00 +0530 Mon, 17 Apr 2023 17:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290584 In NDPS prosecutions, a search of checked baggage no longer under the passenger's personal control is treated as a baggage search and does not attract the personal-search safeguards of Section 50. A search conducted in the restricted luggage-hold area behind the customs counter is governed by Section 42, not Section 43, so the requirement to record information in writing and forward it to a superior officer remains mandatory. Compliance with Section 57 must also be proved by primary or reliable evidence; a bare oral assertion is insufficient where the seizure report or proof of dispatch is withheld. The stated consequence is that failure to establish these safeguards vitiates the conviction. Case-Laws Indian Laws Thu, 20 Mar 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290584