Do Section 50 NDPS Act Safeguards Apply To Search Of Bags Carried By Accused? Kerala High Court Answers

The Kerala High Court has reaffirmed that the procedural safeguards under Section 50 of the Narcotic Drugs and Psychotropic Substances Act applies only to the personal search of an individual and not to the search of plastic bags carried by the person. [Citation: 2026 LiveLaw (Ker) 327]Justice A. Badharudeen, delivered the judgment in an appeal challenging the conviction and sentence imposed against the appellant in an NDPS case. The appellant was convicted by the Special Court under Section 21(b) of the NDPS Act after police recovered 25.400 grams of brown sugar from plastic packets found in a bag she was carrying. The trial court sentenced her to four years' rigorous imprisonment and a fine of ₹10,000.The appellant argued that the prosecution had failed to comply with Section 50 of the NDPS Act while conducting the search, rendering the entire prosecution invalid.For context, Section 50 of the NDPS Act deals with the conditions under which search of persons shall be conducted. It states that a person proposed to be searched has the right to be taken before a Gazetted Officer or Magistrate before a search is conducted. The Court examined the provision and noted that the provision is intended as a safeguard against arbitrary searches and false implication. The Court further noted that the language of the Section indicates that the Section is triggered only when an officer is about to conduct a search of a person. “It is discernible from the phraseology of the Section that for search of a person, Section 50 to be complied and if search is otherwise, Section 50 has no application.” the Court said. Relying on Ranjan Kumar Chandha v State of Himachal Pradesh [2023 LiveLaw (SC) 856], the Court noted that the Supreme Court had held that Section 50 applies only to personal searches and not to the search of baggage or containers carried by the accused. “In the instant case, as found by the learned Special Judge, recovery was not on the basis of body search and it was from the plastic bags carried by the person and therefore Section 50 has no application. Otherwise as per Ext.P2 tendered in evidence through PW1, the accused waived the right to be searched before a Gazetted officer or a Magistrate. Therefore, the contention as to non-compliance of Section 50 mooted by the learned counsel for the appellant/accused is found to be unsustainable.” Court held. The Court also noted that, in any event, the prosecution had produced a written consent document (Ext. P2) showing that the accused had waived her right to be searched before a Gazetted Officer or Magistrate.The Court thus held that the alleged non-compliance with Section 50 could not invalidate the recovery or the prosecution.The Court upheld the conviction under Section 21(b) of the NDPS Act, finding the evidence of seizure and recovery reliable and legally sustainable. While maintaining the conviction, the Court reduced the sentence from four years' rigorous imprisonment to two years and retained the fine of ₹10,000.Case Title: Bichathu v State of KeralaCase No: Crl.A 288/ 2007Citation: 2026 LiveLaw (Ker) 327Counsel for Respondent: Alex M Thombra (Sr. PP)Click Here To Read/ Download Judgment

Do Section 50 NDPS Act Safeguards Apply To Search Of Bags Carried By Accused? Kerala High Court Answers

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Do Section 50 NDPS Act Safeguards Apply To Search Of Bags Carried By Accused? Kerala High Court Answers

Anamika MJ

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