Narcotic Drugs and Psychotropic Substances Act, 1985
Section 50—Search and seizure—Legality of—Recovery of opium—There must be strict compliance of Sec. 50 of the Narcotic Drugs and Psychotropic Substances Act and the search of a person must be conducted in the presence of a Gazetted Officer or Magistrate only even if while exercising his option, the accused states that he wishes to be searched by a member of the police party none of whom are Gazetted Officers—There is clear violation of Sec. 50 of the NDPS Act inasmuch as the accused/appellant consented to be searched by ASI who was not a Gazetted Officer—Search was conducted by the ASI and the alleged recovery of 150 gm of opium effected pursuant to the said illegal search—Appellant acquitted.
[Paras 16 to 18]