- (1.) Leave granted.
(2.) Interpretation of an amendment made in the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") by reason of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act No. 9 of 2001) (for short "the Amending Act") which has come into effect from 2.10.2001 is the question involved in this appeal.
(3.) The said question arises in the following factual matrix. On or about 26.09.1999, one Attar Singh, Sub-Inspector received a secret information that the appellant herein would come to a place known as Yamuna Pusta to deliver a consignment of smack. On the basis of the said information, he sent an intimation to the Asstt. Commissioner of Police, Narcotics Branch, whereupon he was directed by the Station House Officer to conduct a raid. At about 12.15 p.m. on the said date, allegedly, the appellant was apprehended at the given place. He is said to have been provided with an option for getting himself searched before a Magistrate or a Gazetted Officer wherefor a notice under Section 50 of the Act was served. However, as he had not opted to be searched before a Magistrate/Gazetted Officer, the appellant was searched by Sub Inspector Atar Singh. Upon search of his person, 600 gms. of smack was recovered. Appellant was prosecuted under Section 21 of the Act. He was sentenced to undergo rigorous imprisonment for ten years. Fine of Rs. 1,00,000/- was also imposed upon him.;