State Of Punjab vs Baldev Singh on 21 July, 1999
Compliance of Section 50 of the NDPS Act is mandatory
and it is imperative to follow the requirement of the statute
strictly, failing which the conviction cannot be sustained. The
Accused is required to be informed of his/her right of seeking a
search in presence of the Magistrate or the gazetted offcer and
the law on this point is well settled by the Constitution Bench
decision of the Apex Court in the case of State of Punjab Vs.
Baldev Singh1, where it is categorically held that it is imperative
for the Investigating Offcer to inform the suspect, orally or in
writing, about his right to be searched before a gazetted offcer or
a Magistrate and failure to apprise about such a right would not
vitiate the trial, but render the recovery of illicit article illegal
and vitiate the conviction and sentence, if recorded only on the
basis of possession of such illicit article/substance.