https://www.taxtmi.com/caselaws?id=444643 Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applies only to a personal search and requires clear notice of the right to be searched before a Gazetted Officer or Magistrate. Where contraband is recovered from a bag or luggage carried by the accused, and not from the body or clothing, that safeguard is not attracted. Although an offer of a search before a police officer did not conform to Section 50, the defect did not vitiate the prosecution because the search was of the bag, not a personal search. The conviction was therefore sustained. en-us Fri, 06 Oct 2023 00:00:00 +0530 Sat, 03 Feb 2024 11:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=444643 Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applies only to a personal search and requires clear notice of the right to be searched before a Gazetted Officer or Magistrate. Where contraband is recovered from a bag or luggage carried by the accused, and not from the body or clothing, that safeguard is not attracted. Although an offer of a search before a police officer did not conform to Section 50, the defect did not vitiate the prosecution because the search was of the bag, not a personal search. The conviction was therefore sustained. Case-Laws Indian Laws Fri, 06 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=444643