State of Punjab v. Baldev Singh, (1999) 6 SCC 172 stated, Section 50 will come into play only in case of personal searches and not of bags. State of Himachal Pradesh v. Pawan Kumar, (2005) 4 SCC 350 stated, a bag or briefcase under no circumstances can be treated as part of the body of a human being.

There is no requirement to conduct search of a person, suspected to be in possession of a narcotic drug or a psychotropic substance, only in presence of a Gazetted Officer or Magistrate, if such person proposed to be searched, after being apprised of his right under Section 50, waives such right. Otherwise, the words “if such person so requires”, as used in Section 50(1), would be rendered otiose. However, even in cases wherein a suspect waives such right, such waiver should be reduced into a writing duly signed. This would lend more credence to compliance of Section 50. We clarify, this compliance shall henceforth apply prospectively.

– Hon’ble Justice J.B. Pardiwala, Ranjan Kumar Chadha v. State of Himachal Pradesh, [Criminal Appeal Nos. 2239-2240 of 2011].