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Report No. 155

6.2.5. Amendment in section 50 of the Act.-

In section 50 of the NDPS Act,

(a) In sub-section (1), after the words 'he shall' and before the words 'if such person', the following words shall be inserted, namely "inform such person that he has a right to be searched in the presence of a gazetted officer or the magistrate referred to in section 41; and"

(b) in sub-section (1), for the words "or to the nearest magistrate", the following words shall be substituted, namely-

"or to the nearest magistrate referred to in section 41 of the Act, as the empowered officer may deem fit."

[Chp. V, para. 5.6]

6.2.6. Insertion of new section to give effect to Article 11 of the Convention against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances, 1988 regarding "Controlled Delivery".-

In order to give effect to the aforesaid provisions contained in Article 11 of the aforesaid Convention, the NDPS Act be suitably amended by incorporating a new section thereunder to trace the onward movement of the consignment and to apprehend, arrest, prosecute the persons including the ultimate persons taking delivery of the consignment.

(Chp. III, para. 3.7)

Drugs and Psychotropic Substances Act, 1985 Back

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