ISSUE:
Is it the mandatory requirement of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (Act for short) that when an officer, duly authorized under Section 42 of the Act, is about to search a person he must inform him of his right under sub-section (1) thereof of being taken to the nearest Gazetted Officer or nearest Magistrate for making the search?
If any search is made without informing the person of his such right would the search be illegal even if he does not of his own exercise his right under Section 50(1)?
Whether a trial held in respect of any recovery of contraband articles pursuant to such a search would be void ab initio?
Whether compliance with Section 50 of the Narcotics Drugs and Psychotropic Substances Act, 1985 mandatory?
RULE:
The right to be searched before a gazetted officer or magistrate is an extremely valuable right that Parliament has provided to an accused, given the serious consequences that possessing illegal items under the Act may entail.