Does Section 50 NDPS apply to bag or container searches?

No. Section 50 applies to personal searches of a person’s body. Searches of bags or containers are outside Section 50.

Can a complainant also be the investigating officer?

Yes, the trial is not vitiated for that reason alone. There must be proof of real bias or unfairness.

Was the chain of custody proved in this case?

Yes. Seizure, sealing, and forwarding to the lab were shown through consistent official steps and witness support.

Why were Megha Singh and Rajangam not followed?

Those cases had one-officer investigations without corroboration. Here, multiple officers acted and evidence remained consistent.

What was the final result?

The Supreme Court dismissed the appeal and affirmed conviction and sentence under Section 18 NDPS.

Surender v. State of Haryana

Surender v. State of Haryana (2016)

Personal search under Section 50 NDPS and complainant as Investigating Officer — how the Supreme Court kept the conviction intact.

Supreme Court of India 2016 Bench: Not specified 2016 SCC OnLine SC 49 NDPS • Evidence ~6 min read

By Gulzar Hashmi • India • Published: 02 Nov 2025

Quick Summary

The Supreme Court upheld the conviction under Section 18 NDPS. It said the trial is not invalid simply because the complainant also investigated, unless real bias is shown. Section 50 applies to personal search, not to a bag tied on the body. The chain of custody was intact.

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Issues

Did the investigation by PW6, who was also the complainant, vitiate the trial?
Was Section 50 NDPS followed, and does it cover a bag/container search?

Rules

Complainant as IO does not by itself make the trial unfair; actual prejudice must be proved.
Section 50 NDPS applies only to personal search of the person, not to bags or containers.
If the accused is told of the right to be searched before a Gazetted Officer or Magistrate and the search follows, there is no violation.

Citation: 2016 SCC OnLine SC 49

Facts (Timeline)

Timeline graphic for Surender v. State of Haryana

24 Jun 2002: Secret information: Surender selling opium at Bichpar bus stand, Sonipat.

Recording: Ruqa prepared; DDR registered; police reached spot.

Notice: Accused told of personal search and right under Section 50; he chose a Gazetted Officer.

Gazetted Officer: DSP arrived, directed SI Satbir Singh to conduct search.

Recovery: Bag tied on stomach found with opium ~1 kg 50 g; sample drawn, both sealed.

Custody: Seal given to PW1; SHO added seal “YR”; property deposited; sample sent to FSL.

Report: FSL confirmed sample as opium; charge sheet filed under Section 18 NDPS.

Trial & Appeal: Special Judge convicted; High Court affirmed; SLP filed to Supreme Court.

Arguments

Appellant

Investigation tainted because the complainant was also IO.
Section 50 not followed; search illegal.
Relied on Megha Singh and Rajangam.

Respondent

Many officers took part; no bias shown.
Section 50 applies to body search, not bag; right was given and used.
Chain of custody complete; FSL positive for opium.

Judgment

The Supreme Court dismissed the appeal and kept the conviction. The Court said that being both complainant and IO does not by itself vitiate the case; proof of bias is needed. Section 50 covers personal search only; the bag search here did not breach the law. The chain of custody was reliable.

Ratio Decidendi

Absent demonstrated bias, a complainant can investigate. Section 50 NDPS is limited to personal searches; searches of bags/containers are outside its scope when rights are explained and followed.

Why It Matters

Clarifies the boundary of Section 50 — crucial for search protocols.
Sets a practical test for complainant-led investigations: show real bias, not mere formality.
Highlights the value of a clean chain of custody in NDPS cases.

Key Takeaways

Section 50 = Personal Search: Not for bags/containers.

Complainant as IO: Valid unless bias proved.

Chain of Custody: Proper sealing and FSL report sustain conviction.

Case Law Distinction: Megha Singh & Rajangam were different on facts.

Mnemonic + 3-Step Hook

Mnemonic: “BODY yes, BAG no; BIAS must show.”

BODY: Section 50 protects personal search.
BAG: Bag/container search is outside Section 50.
BIAS: Complainant-IO is fine unless prejudice is proved.

IRAC Outline

Issue: Validity of investigation by complainant-IO; scope of Section 50 NDPS.

Rule: Bias must be shown to vitiate; Section 50 covers personal search only.

Application: Multiple officers acted; rights were explained; bag search done; seals and FSL proved custody.

Conclusion: No illegality; conviction and sentence affirmed.

Glossary

Section 50 NDPS: Right to be searched before a Gazetted Officer or Magistrate during personal search.
Chain of Custody: Documented control of seized items from recovery to lab to court.
Gazetted Officer: Senior government officer whose acts carry official authority.