Section 50(2) of the NDPS Act states that if the person to be searched makes a requisition, the officer conducting the search may detain the individual until he can be brought before the nearest Gazetted Officer or Magistrate. This subsection emphasizes that when a person requests to be taken before such an officer or magistrate, the empowered officer is restricted from conducting the search without doing so.

Importantly, if the person to be searched is brought before the Gazetted Officer or Magistrate and the officer or magistrate finds no reasonable grounds for the search, the individual must be discharged immediately. Conversely, if reasonable grounds are established, the search can be conducted.

Furthermore, the law recognizes that if the person to be searched expressly waives their right to be searched before a Gazetted Officer or Magistrate after being informed of this right, the officer is then permitted to proceed with the search without the need to produce the individual before such authority. This waiver effectively overrides the requirement for the search to be conducted only before a Gazetted Officer or Magistrate, provided that the waiver is made voluntarily and with full understanding of the rights involved.

In summary, Section 50(2) provides that the search can only be conducted before a Gazetted Officer or Magistrate if the individual requests it. If the individual waives this right, the officer may proceed with the search without such a requirement.