- (1.)We have heard the learned counsel for the parties and perused the record.
(2.)The appellant who was earlier acquitted by the trial court and later convicted by the High Court was charged for the commission of offence punishable under section 20 (b) (i) of the Narcotic drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and sentenced to three years' ri besides paying a fine of Rs. 10,000/-, has assailed the judgment mainly on the ground of noncompliance of the provisions of section 50 of the Act.
(3.)The prosecution had alleged that appellant was found in possession of 1.650 kgs. of ganja and as before the search, a gazetted officer was present on spot, the provisions of section 50 of the Act are claimed to have been complied with. The High Court accepted the contention of the prosecution and convicted and sentenced the appellant as noted earlier.