NDPS--Personal Search -- Section 50 NDPS Act Inapplicable to Search of Baggage; Section 43 Governs Recovery in Public Place
The procedural safeguard under Section 50 of the NDPS Act, requiring intimation of the right to be searched before a Gazetted Officer or Magistrate, applies only to personal body searches and not to searches of bags, purses, or containers carried by an accused. Recovery of contraband from baggage in a public place attracts Section 43 of the NDPS Act, not Section 50. Mere delay in forwarding samples to the FSL does not vitiate prosecution when safe custody and intact seals are established. Identity of informant and investigating officer does not vitiate trial absent proof of actual bias.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
