STATE OF RAJASTHAN vs RAM CHANDRA

The Supreme Court held that the search of the accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, did not comply with the mandatory requirements of Section 50, as the Deputy Superintendent of Police, who was present during the search, was part of the raiding party and thus could not be considered an independent witness. The Court emphasized that the accused must be given a genuine option to be searched in the presence of an independent Gazetted Officer or a Magistrate. The High Court's decision to acquit the accused was upheld, reinforcing the necessity of adherence to procedural safeguards under the Act.