MAN BAHADUR vs STATE OF H.P.

The Supreme Court emphasized the necessity of informing an accused of their rights under Section 50 of the NDPS Act, which mandates the option to be searched before a gazetted officer or Magistrate. The Court held that failure to communicate this right constitutes prejudice against the accused, reinforcing the principles of a fair trial as enshrined in Article 21 of the Constitution. The judgment also referenced the Miranda rights from the U.S. Supreme Court, establishing that procedural safeguards must be strictly adhered to in penal matters.