- (1.) I. M. Quddusi, J. Heard learned Counsel for the appellant and learned AGA.
(2.) THIS appeal has been filed against the judgment and order dated 16th Sep tember, 1997 convicting the appellant under Section 8/21, NDPS Act and sen tencing him for ten years RI and fine of Rs. 1,00,000 and in default of payment of fine the appellant shall undergo further three years RI. The appellant is in jail since 26th November, 1995. Learned Counsel for the appellant, Sri VP. Srivastava, has pressed for grant of bail to the appellant. Ave perused the report and the impugned judgment and order.
(3.) LEARNED Counsel for the appellant has submitted that compliance of Section 50 of the NDPS Act has not been made. From the judgment and order, it is clear that a Gazetted Officer was called for the purpose of making search, but it was not of the choice of the appellant. The appellant was not asked as to whether he would like to give search before a Gazetted Officer or a Magistrate.;