ORDER

The submission of learned counsel for the petitioner is that there is non-compliance of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act") which renders the conviction of the petitioner illegal. The learned counsel submitted, placing reliance on the decision of this court in Saiyad Mohd. Saiyad Umar Saiyad and Ors. v. State of Gurjarat1, that the burden is on the prosecution to prove due compliance of Section 50 of the N.D.P.S. Act. It is sufficient to say that in the present case, the High Court has gone into this question and recorded a clear finding that there was compliance of Section 50 of the N.D.P.S. Act inasmuch as the accused was given the option specified in the provision and on exercise of that option by him, he was searched in the presence of a Gazetted Officer.

2. Learned counsel for the petitioner further submitted that another requirement of Section 50 of the N.D.P.S. Act is that the accused should also be given the option to choose whether he wanted to be searched in the presence of a Gazetted Officer or in the presence of a Magistrate. It is submitted that this further option was not given to the petitioner