NO REQUIREMENT TO CONDUCT THE SEARCH OF THE PERSON IN THE PRESENCE OF A GAZETTE OFFICER, IF THE PERSON CATEGORICALLY WAIVES HIS RIGHT U/S 50 OF THE NDPS ACT

Section 50 (1) of the Narcotic and Psychotropic Substances Act 1985 provide; "When any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of the departments mentioned in section 42 or to the nearest Magistrate".

The Delhi HC was hearing a matter received by way of Order passed by learned Single Judge of this Court and marked to this Bench by Hon’ble the Chief Justice to adjudicate and settle the question contained in Section 50 of the NDPS Act.

Whether an accused u/s 50 of the NDPS Act expressly waives his right to be searched before a Gazetted Officer or Magistrate; can the empowered officer conduct search of that person without the presence of a Magistrate?

The Delhi HC bench comprising of JUSTICE SIDDHARTH MRIDUL and JUSTICE TALWANT SINGH held that there is no requirement to conduct the search of the person suspected to be in possession of a narcotic drug or a psychotropic substance, in the presence of a Gazetted Officer or Magistrate, if the person categorically waives u/sn 50 of the NDPS Act. 

Author: Papiha Ghoshal