25/07/2026
Supreme Court's historic decision on of the Act; "Now every search will not be protected by !"
The has clarified that the power to search in the presence of a gazetted officer or magistrate under Section 50 of the NDPS Act, 1985, applies only to personal searches. Section 50 will not apply if narcotics are recovered from a bag, container, suitcase, bottle, or other belongings carried by the accused.
A bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh delivered this important judgment in the case of vs State of Madhya Pradesh.
Key observations of the court:
The protection of is limited to personal searches only.
Section 50 does not apply to the search of a bag, water bottle, container, or other item carried by the accused.
Not taking samples in the presence of a magistrate under is merely a procedural irregularity. The accused cannot be acquitted on this basis alone unless it is proven that the drug caused actual harm (prejudice).
In this case, the accused was carrying smack concealed in a water bottle, so the court upheld his conviction. However, the sentence was reduced from 14 years to the minimum of 10 years under Section 21 of the .
