TaxTMI 
TaxTMI 
1996 (1) TMI 427
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....fter referred to as "the Act") has a right to be given an option of beinq searched either by a Gazetted Officer or by a Magistrate. On 1st May, 1991, a police party, led by the Station House Officer, Jakhal, upon information received, conducted a raid on the harvesting floor of the accused near village Puran Majra. The accused was found holding a bag in his hand. He was given the option of being searched by the said police officer or before a Gazetted officer. The accused opted to be searched before a Gazetted officer. He was then searched in the presence of a Gazetted officer and the bag he was carrying was found to contain opium. He was charged with an offence punishable under the Act and tried. The evidence of the prosecution was accept....
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....t search be made. (4) No female shall be searched by anyone excepting a female. It is submitted on behalf of the appellant that an accused may be willing to be searched by a police officer duly authorised under Section 42, but if he is not, he must be given the option of being searched either before a Gazetted officer or before a Magistrate. If the accused is not told that he can not to be searched before a Gazetted officer or before a Magistrate, the provisions of Section 50 are not satisfied. Reliance was placed by learned counsel for the appellant upon the decision in Saiyad Mohd. Saiyad Umar Saiyad & Ors. vs. State of Gujarat, (1995) 3 S.C.C. 610 (which was delivered by one of us, Bharucha, J., on behalf of a Bench of three Judges). ....
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....ade aware of this right or protection granted by the statute and unless cogent evidence is produced to show that he was made aware of such right or protection there would be no question of presuming that the requirements of Section 50 were complled with". The very question that is referred to us came to be considered by a Bench of two learned Judges on 22nd January, 1996 in Criminal M.P. No.138 of 1996 in S.L.P. (Crl.) No.184 of 1996, Manohar Lal vs. State of Rajasthan. One of us (Verma, J.), speaking for the Bench, held : "It is clear from Section 50 of the N.D.P.S. Act that the option given thereby to the accused is only to choose whether he would like to be searched by the officer taking the search or in the presence of the....