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2004 (2) TMI 663 - SC - Indian LawsWhether there was a contravention of Section 50 of the Act inasmuch as the offer made to the accused for searching his person in the presence of a Magistrate or a Gazetted Officer and his declining the offer of the same, was not corroborated by any independent witnesses? Held that:- In the present case Section 50 does not apply at all to a situation where the search undertaken is not of the person of the accused but of something carried in his hand.. The mere fact that the officer concerned offered to have the search of the respondent-accused taken before a Gazetted Officer/Magistrate, or that there were no independent witnesses to evidence this offer, hardly makes any difference to the situation. In our view, therefore, the High Court erred in holding that the action of the police officers was contrary to Section 51 of the Act and giving the benefit of doubt to the respondent-accused when there was no scope for raising such a doubt at all.
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