Section 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 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to 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 section100 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 Ins. by s. 22, ibid. (w.e.f. 2-10-2001).

Simplified Explanation

Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) outlines the conditions and procedures that must be followed when a search of a person is conducted under the Act. It is designed to ensure that individual rights are protected while allowing law enforcement officers to carry out searches in cases involving narcotics and psychotropic substances.

Key Points of Section 50

1. Right to Request a Gazetted Officer or Magistrate:
   • Sub-section (1): If an officer authorized under Section 42 (which allows searches, arrests, and seizures under the NDPS Act) intends to search a person, the person being searched has the right to request that they be taken to the nearest Gazetted Officer or Magistrate before the search is carried out.
   • This request must be fulfilled without unnecessary delay, ensuring that the person is not detained for an unreasonable period.
2. Detention Until the Officer Can Bring the Person to the Gazetted Officer or Magistrate:
   • Sub-section (2): If the person requests to be taken to a Gazetted Officer or Magistrate, the officer may detain the person only long enough to bring them before the requested authority for the search. The officer cannot detain the person indefinitely.
3. Decision by the Gazetted Officer or Magistrate:
   • Sub-section (3): When the person is brought before the Gazetted Officer or Magistrate, they will decide whether there is a reasonable ground for conducting the search:
     • If the officer or Magistrate finds no reasonable ground for the search, the person must be discharged immediately.
     • If the officer or Magistrate finds that there is a reasonable ground for the search, they will authorize the search to proceed.
4. Search of Female Persons:
   • Sub-section (4): A female cannot be searched by a male officer. Only a female officer can conduct the search of a female. This provision ensures the dignity and privacy of women during searches.
5. Exception to the Requirement of Taking the Person to the Gazetted Officer or Magistrate:
   • Sub-section (5): If the officer has reason to believe that taking the person to a Gazetted Officer or Magistrate would result in the person disposing of narcotic drugs, psychotropic substances, or other evidence, the officer is allowed to proceed with the search without delay and without taking the person to the officer or Magistrate.
   • This provision is designed to allow officers to act quickly when there is a risk that the person may evade capture or dispose of illegal substances or evidence.
6. Recording of Reasons for Immediate Search:
   • Sub-section (6): If the officer conducts a search under sub-section (5), they must record the reasons for not taking the person to the Gazetted Officer or Magistrate, explaining why it was necessary to search immediately.
   • The officer must send a copy of this record to their immediate superior within 72 hours to ensure transparency and accountability in the search process.

Summary of Section 50

Section 50 of the NDPS Act ensures that searches of persons suspected of carrying narcotics or psychotropic substances are carried out in a manner that respects the rights of individuals while allowing law enforcement officers to act swiftly and effectively in drug enforcement:

• Right to Request a Gazetted Officer or Magistrate: The person being searched can request to be taken to a Gazetted Officer or Magistrate.
• Search Decision: The officer, Gazetted Officer, or Magistrate decides whether there are reasonable grounds to conduct the search.
• Search of Females: Only female officers can search females.
• Exceptions for Immediate Search: Officers can conduct an immediate search if they believe the person will dispose of the evidence or drugs.
• Documentation: Officers must record their reasons for proceeding with an immediate search and report them to their superiors.

This provision ensures a balance between enforcing the law effectively and protecting individual rights against arbitrary searches.