Vijaysinh Chandubha Jadeja vs State Of Gujarat

The Supreme Court clarified the interpretation of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, regarding the duty of the empowered officer to inform the suspect of their right to be searched in the presence of a Gazetted Officer or a Magistrate. The Court held that a mere inquiry about the suspect's preference suffices as substantial compliance with Section 50, emphasizing that the essence of compliance is to make the suspect aware of their rights rather than adhering to a specific form. The judgment reconciled conflicting views from previous cases, affirming that the determination of compliance depends on the facts of each case.