S. K. Phaujdar, J. - (1.) The petitioner is detained in Case Crime No. 208/99 for an offence under Section 8/20 N. D. P. S. Act P. S. Jaisinghpur district Sultanpur. It is stated that when the police officers were on official round, they found the petitioner coming from the side of Sultan-pur. On seeing the police officers he tried to run away. He was overpowered and arrested. He disclosed his name and when asked as to why he was running away he further disclosed that he was carrying Charas. An offer was given to him for getting himself searched before a Gazetted Officer. He waived that right and only thereafter he was searched and there was seizure of Charas from him. Pal pably it was a case where the police officer had been told prior to the search that the petitioner was having Charas with him as such requirement of Section 50 would come in and offer was there for search before a Gazetted Officer alone and not before a Magistrate. This was against the provisions of Section 50. Learned Addl. Government Advocate relied upon the decision of the Supreme Court in Baldeo Singh's case as reported in 1996 (6) Supreme at page 159, to say that trial would not be vitiated for non-compliance of Section 50. A thorough reading of the judgment, however, indicates that if the prosecution was based solely on the pos session of a contraband which was recovered on search in violation of Sec tion 50 certainly that evidence may not be given against him. Under these cir cumstances, it is directed that the petitioner may be released in the above noted case on bail to the satisfaction of the C. J. M. Sultanpur on such terms and con ditions as the C. J. M. may deem fit. Bail application allowed. .;