Ms. Mankhanching Tombing vs Directorate Of Revenue Intelligence on 28 April, 2015
(i) It was not disputed that the provisions of Section 50 of NDPS Act are
mandatory and mere giving option to the accused is not sufficient. He has to
be informed of his right that he can be searched by a Gazetted Officer or a
Magistrate however, such a requirement is imperative only when person of
the accused is to be searched. No notice is required to be given when the
belongings are to be searched. In the instant case, the recovery was effected
from the baggage carried by the appellant. That being so, no notice was
required to be given to the accused yet a notice was given. Even if there is
any shortcoming in the notice that does not give any right to seek acquittal
on this ground. Reliance was placed on Ruiz Guerrero Dolores vs. Customs,
83 (2000) DLT 191; Narcotics Control Bureau vs. Chen Ching Sung, 2015
(1) JCC (Narcotics) 1;