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Section 50 – THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

50. Conditions under which search of persons shall be conducted.

 

(1) When any officer duly authorised under Section 42 is about to search any person under the provisions of Section 42 or Section 43, he shall, if such person as requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of the departments mentioned in Section 42 or to the nearest Magistrate.

 

(2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-section (1).

 

(3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made.

 

(4) No female shall be searched by anyone excepting a female.

 

1[(5) When an officer duly authorised under section 42 has reason to believe that it is not possible to take the person to be searched to the nearest Gazetted Officer or Magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest Gazetted Officer or Magistrate, proceed to search the person as provided under section 100 of the Code of Criminal Procedure, 1973 (2 of 1974)

 

(6) After a search is conducted under sub-section (5), the officer shall record the reasons for such belief which necessitated such search and within seventy-two hours send a copy thereof to his immediate official superior.]

 

1. Inserted by Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, w.e.f. 2-10-2001 vide SO 957 (E), dt. 27-9-2001.

 

 

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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

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