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TMI Blog1996 (2) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... ndhi International Airport, New Delhi. A team of the Narcotics Control Bureau present at the airport suspected the petitioner and decided to check his baggage. The petitioner was first asked if he was carrying any narcotics or other contraband goods and on his refusal, his luggage was searched. At the point of time when the actual search took place, he was carrying two handbags but nothing incriminating was found therefrom. He had, however, booked one bag which had already been checked in and was loaded in the aircraft by which he was supposed to travel. This bag was called to the customs counter at the airport for examination. On examination, it was found that it contained 153 cartons of tetanus vaccine. On being opened, it was noticed tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng examined in the presence of a Gazetted Officer or a Magistrate. Therefore, if, in the facts and circumstances of the case, it is not found that Section 50 was attracted, then there is no dispute that the prosecution had omitted to inform the petitioner of his right to opt for being examined by a Gazetted Officer of any department or the nearest Magistrate. Sub-sections (1) and (2) of Section 50 provide as under: "50. (I) 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 the nearest Gazetted Officer of any of the departments mentioned in Section 42 or to the neares ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused and is brought to a place where the accused is found, and on search, incriminating articles are found therefrom it cannot attract the requirements of Section 50 of the Act for the simple reason that it was not found on the accused person. So, on the facts of this case, it is difficult to hold that Section 50 stood attracted and non-compliance with that provision was fatal to the prosecution case. 4. Counsel drew our attention to a few decisions of this Court to point out that in some cases this Court had invoked the provision of Section 50 of the Act where incriminating articles were found from an almirah or any other place within the room where he or she was found but we think that those cases turned on their own facts. We do not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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