Skip to content
LAW LIBRARY.Online
Central Act · India · Chapter V — Procedure

Section 50 Conditions under which search of persons shall be conducted

Narcotic Drugs and Psychotropic Substances Act, 1985 · Edition: Archived India Code central text with the 2021 amendment to section 27A

(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.

3[(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.]

Source document ↗

Judgments on Section 50

LOK 2026 (11) Ker. 113 · High Court of Kerala

Shinoy v. State of Kerala

Equivalent citations: 2026 KER 86295

ActsNarcotic Drugs and Psychotropic Substances Act, 1985, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, Negotiable Instruments Act, 1881, 42, 50 and 57, Narcotic Drugs and Psychotropic Substances Act, 1985, 374(2) and 428, Code of Criminal Procedure, 1973

Chief examination by affidavit is illegal in a criminal trial, but where the court itself cured the defect by fresh chief examination and no prejudice was shown from not recalling the investigating officer, the NDPS conviction stands; sentence reduced for intermediate quantity.

LOK 2026 (10) Ker. 71 · High Court of Kerala

Abdurahman v. Sub Inspector of Police

Equivalent citations: 2026 KLT OnLine 2393

Appellant/1st accused was convicted for possession of 10.120 grams of brown sugar (intermediate quantity) under Section 21(b) of the NDPS Act. The prosecution established proper compliance with mandatory procedural safeguards under Sections 42, 50, and 57 of the Act. Body search was conducted in the…