MYLA VENKATESWARLU vs STATE OF A.P.

The Supreme Court held that the conviction under Section 8(c) read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, was flawed due to a violation of the procedural safeguards outlined in Section 50 of the NDPS Act. The Court emphasized that the accused must be given the option to have their search conducted in the presence of a Gazetted Officer, which was not adhered to in this case. Consequently, the Court set aside the conviction and acquitted the appellant.