AI Overview...
- Police Officer as Gazetted Officer - Main points and insights:
- Section 50 of the NDPS Act mandates that a person being searched has the right to be searched in the presence of a Gazetted Officer or a Magistrate to ensure safeguards against misuse and protect individual rights AABID KHAN vs STATE GOVT. OF NCT OF DELHI - Delhi, Sarif VS STATE OF WEST BENGAL - Calcutta.
- The term Gazetted Officer is explicitly defined in Section 41(2) of the NDPS Act, which includes officers of certain government departments authorized under law Sarif VS STATE OF WEST BENGAL - Calcutta.
- The role of a police officer in performing searches under Section 50 is generally considered to be that of an empowered officer, but whether a regular police officer qualifies as a Gazetted Officer depends on their official status and authorization ASHOK CHAUHAN VS STATE OF UTTARAKHAND - Uttarakhand, AABID KHAN Vs STATE GOVT. OF NCT OF DELHI - Delhi.
- The law emphasizes that only a Gazetted Officer or a Magistrate can conduct a search in the presence of the person, serving as a safeguard to prevent abuse AABID KHAN vs STATE GOVT. OF NCT OF DELHI - Delhi, Sarif VS STATE OF WEST BENGAL - Calcutta.
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In practice, police officers executing searches under Section 50 are often considered empowered officers but not necessarily Gazetted Officers unless explicitly authorized or falling under the category defined in law Ashok Chauhan vs State Of Uttarakhand - Uttarakhand.
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Analysis and Conclusion:
- A police officer performing a search under Section 50 of the NDPS Act is generally not automatically considered a Gazetted Officer unless they are officially authorized as such under law or departmental rules.
- The crucial requirement is that the search must be conducted either by a Gazetted Officer or a Magistrate to uphold legal safeguards.
- Therefore, unless the police officer is a Gazetted Officer or acting under the authority of one, they do not qualify as a Gazetted Officer for the purpose of conducting or overseeing searches under Section 50 AABID KHAN vs STATE GOVT. OF NCT OF DELHI - Delhi, Sarif VS STATE OF WEST BENGAL - Calcutta.
Summary:
A police officer is not automatically considered a Gazetted Officer for checking a person under Section 50 of the NDPS Act unless they are officially authorized as such. The law mandates that searches in this context should be carried out by a Gazetted Officer or a Magistrate to ensure procedural safeguards.
Search Results for "Will a Police Officer be Considered as Gazzeted Officer to Check a Person under Section 50 Ndps Act"
2018 0 Supreme(UK) 395 • India - Uttarakhand
V.K.BIST
) Bail – Granting of – Consideration – Nature of offence and the possibility of witnesses/trial being influenced by the accused person ... to apprise the person intended to be searched of his right to be authorised officer under sub-section (1) Section 50 illicit article ... We also feel that though Section 50 gives an option to the empowered #HL_START....
2023 0 Supreme(Del) 7641 • India - Delhi High Court
... ... The mandatory requirements of Section 50 of the NDPS Act, which provides for the right of a person to be searched in the ... ... * The right of a person to be searched in the presence of a Gazetted Officer or a Magistrate is a valuable safeguard provided ... BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - #HL_S....
2023 0 Supreme(Del) 5728 • India - Delhi
AMIT SHARMA
Officer or Magistrate. ... NDPS Act - Bail Application - Section 439 CrPC - Section 36A(3) of NDPS Act - Sections 21/29 of NDPS Act ... at the time of giving notice under Section 50 of the NDPS Act. ... The said provision (Section#HL_EN....
2008 0 Supreme(SC) 1018 • India - Supreme Court
S.B.SINHA, V.S.SIRPURKAR
50 of Act having been held to be inapplicable in relation to a search of a bag but in this case appellants person had also been ... searched - High Court disregarded that although Exhibit PA may not affect a technical compliance of Section 50 of Act on taking a ... Narcotic Drugs and Psychotropic Substances Act, 1985 - Customs Act, 19....
2023 Supreme(Online)(DEL) 6903 • India - High Court of Delhi
The said provision (Section 50) lays down that any officer duly authorised under Section 42, who is about to search any person under ... —(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....
• India - Uttarakhand
50 and Section 52 of N.D.P.S. ... Police party apprehends that person p style="position:absolute;white-space:pre;margin:0;padding:0;top:728pt;left:171pt ... who is Gazetted Officer.
2005 0 Supreme(Cal) 656 • India - Calcutta
D.P.SENGUPTA, ARUN KUMAR BHATTACHARYA
In the light of the above discussion, we are of the considered opinion that the Gazetted Officer contemplated in section 50 should ... The word "Gazetted" finds place in sub-section (2) of section 41 of the Act under which only a Gazzetted Officer of the Departments ... Section 50 of the N.D.P.S. #H....
2024 Supreme(Online)(DEL) 2403 • India - High Court of Delhi
Section 165 CrPC lays down that whenever an officer-in-charge of a police station or a police officer making an investigation has ... 40.The right is conferred under Section 50 of the NDPS Act to check the misuse of power, to avoid harm to innocent persons ... 19.She further submitted that the ....
• India - Gujarat
50 of the NDPS Act. ... 50 of NDPS Act casts a duty on the empowered officer p style="position:absolute;white-space:pre;margin:0;padding:0; ... 20 (b) (ii) (C) of the Act came to be considered.
• India - High Court of Jammu and Kashmir - Jammu Wing
55 of NDPS Act lays down that officer incharge of Police station Act lays down that officer incharge of Police station shall take charge p style="position:absolute;white-space:pre;margin:0;padding
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