The Supreme Court has observed that the intent behind Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is to inform a suspect who is about to be searched of the right to be taken to a Gazetted Officer who is not part of the raid team. The Delhi High Court bench of Justice Jagmeet Singh had granted …
The Supreme Court observed that if the accused were not informed about their right to be searched before a Magistrate or a Gazetted officer, it is a violation of the safeguard provided by Section 50 of the NDPS Act.In this case, the accused were convicted by the Trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, …
The Karnataka High Court has said there is no bar on a police officer, who is a gazetted officer, on carrying out a personal search to draw a mahazar, on an accused/ suspect under the Narcotic Drugs and Psychotropic Substances Act, 1985. A single judge bench of Justice H P Sandesh said, "Assistant Commissioner of Police is also a Gazetted …
Chandigarh The Punjab and Haryana high court has granted bail to an accused in a 800-gram heroin seizure case as the accused was not properly informed of his rights during search at the time of alleged recovery. “No doubt, notice under Section 50 of the NDPS Act mentions the petitioner having been apprised of his rights, but the said notice …
The Delhi High Court has held that once a suspect under the NDPS Act is informed about his right to be searched before a Gazetted Officer/ Magistrate but he chooses not to exercise that right, then the empowered officer can conduct the search of such suspect without producing him before a Gazetted Officer/ Magistrate, for the said purpose. "There is …