https://www.taxtmi.com/caselaws?id=302282 Section 50 of the NDPS Act applies only to personal search, so recovery of contraband from a plastic bag carried by the accused in a public place did not trigger the safeguard of notice and option before a Gazetted Officer or Magistrate. The search and seizure were treated as governed by Section 43, and alleged non-compliance with Sections 42 and 52A did not vitiate the case where the recovery, sealing and chemical analysis were otherwise proved and no prejudice was shown. On the proved recovery of heroin and the accused's failure to explain lawful possession, the presumptions under Sections 35 and 54 operated and the conviction under Section 21 was sustained. en-us Wed, 03 Dec 2003 00:00:00 +0530 Fri, 13 May 2022 16:05:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302282 Section 50 of the NDPS Act applies only to personal search, so recovery of contraband from a plastic bag carried by the accused in a public place did not trigger the safeguard of notice and option before a Gazetted Officer or Magistrate. The search and seizure were treated as governed by Section 43, and alleged non-compliance with Sections 42 and 52A did not vitiate the case where the recovery, sealing and chemical analysis were otherwise proved and no prejudice was shown. On the proved recovery of heroin and the accused's failure to explain lawful possession, the presumptions under Sections 35 and 54 operated and the conviction under Section 21 was sustained. Case-Laws Indian Laws Wed, 03 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302282