SEC.50 NDPS ACT CANNOT BE COMPLIED WITH BY STATING THAT POLICE CONDUCTED SEARCH WITH CONSENT OF ACCUSED

Relying on the judgment given by Supreme Court in case of Arif Khan @ Aga Khan vs State Of  Uttarakhand, Delhi High Court acquitted the accused in case of NDPS Act holding that taking the search of accused even after obtaining the consent of the accused  to waive his right of being searched in the presence of the Magistrate or Gazetted Officer will amount to non compliance of the provisions of the section 50 NDPS Act. ( Dharambir vs State, Crl.A. 658/2017 dated 13-11-18)