Whether Search of a woman in NDPS Act can be done in presence of lady panch by male investigating officer?

 Section 50(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is a mandatory procedural safeguard specifically designed to protect the dignity and privacy of female suspects during personal searches. It stipulates that: "No female shall be searched by anyone excepting a female."  Key legal implications and interpretations of Section 50(4) include:

Mandatory Requirement: It is a mandatory, not directory, provision. Non-compliance with this section can invalidate the search, render the recovered evidence inadmissible, and lead to the acquittal of the accused.

• Search by Female Only: The personal search of a female suspect must be conducted by a female officer or a female personnel.
• Definition of "Officer": Courts have interpreted that "officer" under this section means an authorized officer (superior in rank to a peon, sepoy, or constable) or a female constable authorized to conduct the search.
• Strict Decency: This provision is analogous to Section 51(2) of the Code of Criminal Procedure, 1973, requiring that the search of a female be conducted with strict regard to decency.
• Scope: Section 50(4) applies to the personal search (body search) of a female suspect. It does not apply to the search of a vehicle, bag, or house.
• Role of SHO: Even if an authorized male officer (like an SHO) orders a search, a female suspect cannot be searched by a male officer, and a female constable must be used.

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