THE ACCUSED CANNOT WAIVE HIS RIGHT OF BEING SEARCHED BY GAZETTED OFFICER OR MAGISTRATE UNDER SECTION 50 NDPS ACT

It appears that hon’ble Supreme Court has re-written the law on section 50 N D P S Act. Supreme Court in case of Arif khan vs State of Uttrakhand Criminal Appeal no. 273 of 2007 decided on April 17 2018 observed that accused cannot waive his right of section 50 N D PS  Act. 

The search by or in the presence of  gazetted officer or magistrate is must to comply with the provisions of  N D P S Act.

Earlier the police use to inform the accused that he has a right of being searched in the presence of gazette officer or magistrate  and then after use to search the accused when he declines to get searched in the presence of gazetted officer or magistrate.

Now as per the interpretation given by Supreme Court it is mandatory for the police to search the accused in presence of gazetted officer or magistrate or a member of the arresting party must be a gazetted officer to comply with the provisions of N D P S Act.

The above judgment is going to impact a large number of cases since in most of the cases the accused waives his right of being searched in the presence of gazetted officer or magistrate and permitting the police to take search.