Discussion
Before searching a suspect carrying a bag containing narcotic drugs in his hand, the Officer concerned is required to apprise him of his right to be searched in the presence of:-
Answer: D
The correct answer is None of the above.
Section 50 of the NDPS Act gives a person about to be searched the right to be taken before a Gazetted Officer or a Magistrate, and requires him to be told of it. The Supreme Court held in State of Himachal Pradesh v. Pawan Kumar (2005) that Section 50 applies only to a search of the person's body, not to a bag, briefcase or other article he is carrying.
A suspect carrying narcotic drugs in a bag in his hand is therefore not entitled to that option for the search of the bag, and the Act prescribes no right to be searched before local witnesses or the officer-in-charge. So none of the listed options states a requirement.
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