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Saturday, 1 October 2011

NDPS - offence under Narcotic Drugs and Psychotropic Substances- the compliance section 50, regarding the presence of gazetted officer or magistrate in conducting the personal search can be easily misused by the arresting officers. Presently, as per the recent supreme court decisions, if the body search is not conducted and only bag or vehicle is checked, there the section 50 need not be complied. But is certain cases where the purse, mobile and other personal belongings might have recovered. Without conducting body search, how it is possible. Even then the compliance is not necessary. A relook in the settled position is necessary.

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