NDPS Act Section 50 – Detailed Explanation with Supreme Court Case Analysis

 Author: Advocate Rajesh Dudani

Category: NDPS Act | Criminal Law | Supreme Court Judgments
Date: May 11, 2025

Introduction

Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) plays a pivotal role in safeguarding the rights of individuals accused under this stringent law. In this post, I discuss the legal mandate of Section 50, its compliance requirements, and analyze a significant 2023 Supreme Court judgment—Ranjan Kumar Chadda v. State of Himachal Pradesh—that reshaped its interpretation.

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What is Section 50 of the NDPS Act?

Section 50 provides a procedural safeguard during personal search of an accused. It mandates that:

  • The accused must be informed in writing that they have the right to be searched before a Gazetted Officer or Magistrate.

  • If the accused invokes this right, the search must be conducted in their presence.

  • Non-compliance with Section 50 can render the seizure and arrest illegal.

This safeguard ensures transparency in search procedures and prevents false implication.

 Case Law: Ranjan Kumar Chadda v. State of Himachal Pradesh (2023)

Facts:

  • The accused, Ranjan Kumar Chadda, was caught with around 1.25 kg of Charas, concealed in a bag.

  • At the trial stage, the court acquitted the accused due to non-compliance with Section 50.

Legal Issue:
Whether Section 50 applies when narcotics are found not on the body but in a bag or container carried by the accused.

High Court's View:

  • Reversed the acquittal.

  • Held that Section 50 applies only to personal/body searches, not to bags or containers.

Supreme Court Decision:

  • Bench: Justice J.B. Pardiwala & Justice M.M. Sundresh

  • Upheld High Court view.

  • Clarified that Section 50 is applicable only to body searches, not when narcotics are recovered from a bag or briefcase.

  • Relied on precedent: State of Punjab v. Baljinder Singh

  • Convicted the accused with 2 years’ imprisonment and ₹500 fine.


Legal Learnings from the Judgment:

  • Section 50 is mandatory only for body searches.

  • Searches of bags, containers, or luggage do not attract Section 50.

  • Defense relying solely on Section 50 non-compliance must first prove personal search.

Citations:

  • Ranjan Kumar Chadda v. State of Himachal Pradesh, 2023 SCC OnLine SC 1341

  • State of Punjab v. Baljinder Singh, (2019) 10 SCC 473

  • S.K. Raju v. State of West Bengal, (2018) 9 SCC 708

Conclusion

This judgment significantly clarifies the limited scope of Section 50, emphasizing that it is not a blanket safeguard in all NDPS arrests. As legal professionals or concerned individuals, understanding this distinction can aid in preparing robust legal defenses or prosecutions under the NDPS Act.

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