D.C.DALELA, J. - (1.) BY the judgment dt. 31.10.94, the Special Judge, NOPS Act Cases, Sri Ganganagar, convicted the accused -appellant far the offence under Sec. 8/18, NDPS Act, hereinafter referred to as 'the Act' and sentenced him to rigorous imprisonment for ten years and a fine of Rs. one lac. Against the said conviction and sentence, this appeal has been preferred.
(2.) I have heard the arguments of both the sides. According to the prosecution, on a secret information that the appellant was having opium, the police search party headed by SHO, Madan Singh apprehended him and on search, six hundred grams of opium was recovered from his possession. After trial, he was convicted and sentenced as aforesaid.
(3.) THE point that goes to the root of the matter is that as to whether the provisions of Sec. 50 of the Act have been fully complied with or not? Section 50 requires that before effecting the search the officer conducting the search has to inform the person to be searched of his right, if he so requires, to be searched before a Gazetted Officer of a Magistrate.;