Ashok Kumar Sharma vs State Of Rajasthan

The Supreme Court held that under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the empowered officer is required to inform the accused of his right to be searched before a Gazetted Officer or a Magistrate, and failure to do so constitutes a violation of the accused's rights. The Court found that the prosecution did not adequately comply with this requirement, leading to the conclusion that the conviction was vitiated. Consequently, the appeal was allowed, and the conviction and sentence were set aside.