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.
