- (1.) This is criminal leave to appeal under Section 378 (iii) & (i) of Cr.P.C. filed by the appellant State of Rajasthan against the Judgment dated 17.12.2015 passed by Special Judge, N.D.P.S. Act Cases, Sri Ganganagar in Sessions Case No. 09/2012 vide which the respondent-accused was acquitted for the offence under Section 8/18 of the N.D.P.S. Act, 1985.
(2.) Learned counsel for the State while praying for grant of leave to appeal submitted that the provisions of Section 50 of the N.D.P.S. Act were duly complied with. The respondent-accused was given the option to be searched before the Magistrate or the Gazetted Officer but he choose to be searched by S.H.O. concerned, P.W. 9 Naresh Kumar, the Seizure Officer, on the spot.
(3.) As per the evidence on record, the seizure officer (P.W. 9) told the respondent-accused that he wanted to search him and thereafter, told him that he also had the option of being searched in the presence of Magistrate or the Gazetted Officer, to which the accused agreed to be searched by the Seizure Officer himself. The trial court acquitted the respondentaccused in view of the judgments rendered by the Hon'ble Apex Court in the cases of State of Rajasthan Vs. Permanand & anr,2014 2 CCSC 900 (S.C.) as well as Vijay Singh Chandubha Jadeja Vs. State of Gujarat, 2011 AIR(SC) 77 wherein it has been held that Section 50(1) of the N.D.P.S. Act does not provide for a third option and such an option would frustrate the provisions of Section 50(1) of the N.D.P.S. Act.;