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1996 (1) TMI 427 - SC - CustomsWhether a person to be searched under Section 50 of the Nercotic Drugs and Psychotropic Substances Act, 1985 has a right to be given an option of beinq searched either by a Gazetted Officer or by a Magistrate? Held that:- Finding a person to be in possession of articles which are illicit under the provisions of the Act has the consequence of requiring him to prove that he was not in contravention of its provisions and it renders him liable to severe punishment. It is, therefore, that the Act affords the person to be searched a safeguard. He may require the search to be conducted in the presence of a senior officer. The senior officer may be a Gazetted officer or a Magistrate, depending upon who is conveniently available. The option under Section 50 of the Aet, as it plainly reads, is only of being searched in the presence of such senior officer. There is no further option of being searched in the presence of either a Gazetted Officer or of being searched in the presence of a Magistrate. The use of the word 'nearest' in Section 50 is relevant. The search has to be ccnducted at the earliest and, once the person to be searched opts to be searched in the presence of such senior officer, it is for the police officer who is to conduct the search to conduct it in the presence of whoever is the most conveniently available Gazetted officer or Magistrate. In the result, we find no substance in the only argument advanced before us on behalf of the appellant. The appeal is dismissed.
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