In Brief
The Supreme Court set aside the conviction of an accused charged under Section 20 of the NDPS Act for possessing charas. Though the accused had been informed of his right to be searched before a Magistrate or Gazetted Officer and gave written consent to be searched by police, the Court held that Section 50 of the NDPS Act mandates that such searches must actually be conducted in the presence of a Magistrate or Gazetted Officer. Since the search was not conducted in such presence, the mandatory procedure was violated. This non-compliance was fatal to the prosecution's case, warranting acquittal.
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