NDPS S. 50 – Non compliance – Absence of the word “Magistrate” in the notice provided to the accused. [PLRonline 414666]

COMPLIANCE WITH SECTION 50 OF NDPS ACT

•  section 50 of the narcotic drugs and psychotropic substances act, 1985 mandates that an accused must be informed of their right to be searched in the presence of either a magistrate or a gazetted officer.

•  in the present case, the accused was given the option to be searched before a gazetted officer or a civil gazetted officer, but the notice failed to include the option of being searched before a magistrate.

•  the court identified a critical procedural lapse as the mandatory provision of section 50 of the ndps act was not adhered to due to the absence of the word “magistrate” in the notice provided to the accused.