1996 (7) TMI 550

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....s were acquitted on trial on the ground that they were not informed of their valuable right that under Section 50 of the Act they were entitled to be searched in the presence of a Gazetted Officer. Violation therefore. vitiates the trial as the accused have the statutory right to be searched. The absence of their information as to the said right is one of the infirmities to the validity of their p....

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.... and whether the accused had waived that right of being searched only in the presence of a Gazetted Officer. This Court held that: "The matter of appreciation of evidence and the totality of the facts and circumstances have to be considered by the trial Court. On the facts in that case, it was held that since the Additions Sessions Judge was not inclined to accept the prosecution case in the....

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....legal position that the accused has valuable right to be informed of his right to be searched in the presence of a Gazetted Officer, the search officer invariably would conduct the search subserving the salutory right given under Section 50. Each case should be considered in the light of the facts and circumstances in which the contraband was seized, viz., time when the search was conducted, the p....