Section 50 of NDPS Act, 1985 : Section 50: Conditions Under Which Search Of Persons Shall Be Conducted

Explanation using Example

Imagine a situation where a police officer, who is authorised to enforce the Narcotic Drugs and Psychotropic Substances Act, 1985, suspects an individual on the street of carrying illegal drugs. The officer decides to conduct a search based on the powers granted under Section 41, 42, or 43 of the Act.

The individual, knowing their rights, requests that the search be conducted in the presence of a Gazetted Officer or a Magistrate. As per Section 50(1), the officer is obliged to take the individual to the nearest Gazetted Officer or Magistrate without unnecessary delay.

According to Section 50(2), the police officer can detain the individual until they are able to bring them before the Gazetted Officer or the Magistrate.

If upon reaching the Gazetted Officer or Magistrate, as described in Section 50(3), the authority sees no reasonable ground for search, the individual will be released immediately. However, if the authority believes there is reason to search, they will order it to proceed.

Section 50(4) ensures that if the individual is a female, she will only be searched by another female.

In an urgent situation where the officer believes that the suspect might dispose of the drugs before reaching a Gazetted Officer or Magistrate, Section 50(5) allows the officer to search the person right there following the procedures laid down in Section 100 of the Code of Criminal Procedure, 1973.

Finally, as per Section 50(6), after conducting such an immediate search, the officer must document the reasons for the urgency and send a copy to their superior within seventy-two hours.