On 21 July 1999, a Constitution Bench held that an empowered officer about to search a person under the NDPS Act must inform the suspect of the right to be searched before the nearest gazetted officer or magistrate, and that this safeguard is mandatory.
In 2010 a Constitution Bench settled a running conflict, holding that Section 50 of the NDPS Act is mandatory and demands strict compliance — 'substantial compliance' will not do.