In Brief
The appellant was convicted under the NDPS Act 1985 for possession of 1.5 kg of charas after being intercepted on a public road. The Supreme Court dismissed his appeal, holding that Section 43 (applicable in public places) rather than Section 42 applied to the seizure. Although Section 50 applied to the search (as the appellant's person was searched), the Court found strict compliance with Section 50(1), as the appellant was clearly informed of his legal right to be searched before a gazetted officer or magistrate and voluntarily consented. The search in the presence of a gazetted officer was lawful, and no procedural defects vitiated the conviction.
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