NDPS-- Personal Search-- Third Option Of Search Before Police Officer Renders Consent Invalid Under Section 50 Of NDPS Act
Under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, an accused must be informed of the right to be searched only before a Magistrate or a Gazetted Officer. Offering a third option — search before a police officer — misrepresents the statutory right of the accused. Consent obtained on the basis of such an impermissible option is legally invalid and vitiates the entire search and trial.
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