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1994 (9) TMI 341 - SC - Companies LawWhether question of giving option to the accused in compliance with Section 50 of the Act is subject to the condition that the accused ’requires’ that he be searched in the presence of a Gazetted Officer or a Magistrate but where the accused does not so ’require’ for whatever reason his conviction would not stand vitiated, in case the option was not given to him? Held that:- The words ’if the person to be searched so desires’ are important. One of the submissions whether the person who is about to be searched should by himself make a request or whether it is obligatory on the part of the empowered or the authorised officer to inform such person that if he so requires, he would be produced before a Gazetted Officer or a Magistrate and thereafter the search would be conducted in which this right has been conferred, it must naturally be presumed that it is imperative on the part of the officer to inform the person to be searched of his right that if he so requires to be searched before a Gazetted Officer or a Magistrate. To us, it appears that this is a valuable right given to the person to be searched in the presence of a Gazetted Officer or a Magistrate if he so requires, since such a search would impart much more authenticity and creditworthiness to the proceedings while equally providing an important safeguard to the accused. To afford such an opportunity to the person to be searched, he must be aware of his right and that can be done only by the authorised makes it obligatory on the authorised officer to inform the person to be searched of his right. n view of the law laid down in Balbir Singh case [1994 (3) TMI 173 - SUPREME COURT OF INDIA] there has been violation of the provisions of Section 50 of NDPS Act and consequently the conviction of the appellant cannot be sustained. We, therefore, allow this appeal and set aside the conviction and sentence of the appellant
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