1996 (1) TMI 445

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....e narcotic Drugs and psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act") which renders the conviction of the petitioner illegal. The learned counsel submitted, placing reliance on the decision of this Court in Saiyad Mohd. Saiyad Umar Saiyad and Ors. vs. State of Gujarat, (1995 (3) SCC 610), that the burden is on the prosecution to prove due compliance of Section 50 of the N....

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....he N.D.P.S. Act, he provision only requires the option to be given to the accused to say whether he would like to be searched in the present of a Gazetted Officer of a Magistrate; and on exercise of that option by the accused, it is for the officer concerned to have the search made in the presence of the nearest Gazetted Officer or the nearest Magistrate whosoever is conveniently available for the....