Mandate under section 50 NDPS Act

NDPS ACT Section 50 

Mandate under Section 50 

Held, mandatory content of Section 50 of the Narcotic Drugs and Psychotropic Substances Act is that when an empowered officer, on  prior information seeks to search the person of suspect, then, the empowered officer is duty bound to inform such person that if he so desires, he has a right to be taken before a Gazetted Officer or a Magistrate for search. 

If the empowered officer fails to inform the suspect of such right and thereafter if the suspect so requires, fails to hold the search before a Gazetted Officer or a Magistrate, then, it could be said that there is a breach of the mandatory content of Section 50 of the NDPS Act.  

[Para 26]

Kushal puri vs State 

CRL-A 9/17 17/09/20 

[ MS SONAK JJ ]

[ BOMBAY HIGH COURT ]