Source: Supreme Court 

Why in News? 

A bench of Justice Sanjiv Khanna and Justice Sanjay Kumar held that the intent of Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 is to inform a suspect who is about to be searched of the right to be taken to a Gazetted Officer.               

• The Supreme Court held this in the case of State of NCT of Delhi v. Mohd. Jabir.

What was the Background of State of NCT of Delhi v. Mohd. Jabir Case?  

• The case involves a criminal appeal by the State of NCT of Delhi against a bail order granted to Mohd. Jabir under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS). 
• The High Court had previously granted bail to Mohd. Jabir on the grounds that the notice given during his search used the words "any Gazetted Officer" instead of "nearest Gazetted Officer", which was deemed a violation of Section 50 of the NDPS Act. 
• The Delhi High Court granted bail on two points: 
  • The notice served under Section 50 of the NDPS Act is ill-informed. 
  • The search was done not by an independent officer but by ACP/  
• Mohd. Jabir is already on bail in another case (FIR No. 217/2019) involving an intermediate quantity of drugs. 
• Thus, the matter was before the Supreme Court. 

What were the Court’s Observations?  

• Thus, the Court held that the intent behind the provision i.e. Section 50 of NDPS Act is to ensure that the person to be searched is made aware of the option to be taken before a third person other than the one who is conducting the search. 
• Use of the expression “nearest” refers to the convenience as the subject is to be searched. 
• Delay should be avoided, as is reflected from the use of the word “unnecessary delay” and the exception carved in sub-section (5) to Section 50 of the NDPS Act. 
• Thus, the Court held that the use of the word ‘any’ does not signify the mandate of the ‘nearest’ Gazetted officer and hence the respondent is entitled to bail. 
• Hence, the Supreme Court held that, Mohd. Jabir is entitled to bail.

What is Section 50 of the NDPS Act?

About: 

• Section 50 of the NDPS Act provides for conditions under which searches of persons shall be conducted. 
• Section 50 (1) provides: 
  • If a legally authorized drug enforcement officer wants to search someone, the person being searched can request to be taken to a higher-ranking government official or a magistrate. 
  • The officer must quickly and without unnecessary delay take the person to the closest available Gazetted Officer or nearby magistrate if such a request is made. 
  • This rule gives the person being searched a chance to have their search witnessed by an independent official, providing an additional layer of protection against potential misconduct. 
• Section 50 (2) provides that if such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred in sub section (1). 
• Section 50 (3) provides that the Gazetted Officer or 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. 
• Section 50 (4) makes special provision for women. 
• Section 50 (5) provides that: 
  • If a legally authorized drug enforcement officer believes that taking the suspect to a Gazetted Officer or magistrate might result in the suspect losing or disposing of drugs, evidence, or documents, the officer has special provisions. 
  • In such circumstances, the officer is allowed to deviate from the standard procedure of taking the person to an independent official. 
  • Instead, the officer can directly proceed with searching for the person using the search procedures outlined in section 100 of the Criminal Procedure Code. 
  • This exception allows law enforcement to prevent potential destruction of evidence while still maintaining a legal framework for conducting searches during drug-related investigations. 
•  Section 50 (6) provides that 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 

Case Law: 

• Union of India v. Ram Samujh (1999): 
  • The Supreme Court held that Parliament has provided that the person accused of offences under the NDPS Act should not be released on bail during trial unless the mandatory conditions provided in Section 37, namely-  
    • There are reasonable grounds for believing that the accused is not guilty of such an offence.  
    • That he is not likely to commit any offence while on bail.