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Delhi HC: Presence of Magistrate During Search Not Mandatory If Accused Waives His Right - (09 Jun 2021)


Delhi High Court has held that once a suspect under the Narcotic Drugs and Psychotropic Substances Act, 1985 is informed about his right to be searched before a Gazetted Officer/ Magistrate but he chooses not to exercise that right, then the empowered officer can conduct the search of such suspect without producing him before a Gazetted Officer/ Magistrate, for the said purpose.


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