JUDGMENT

Bharucha, J.-Leave granted.

2. This appeal impugns the judgment and order of the High Court of Punjab and Haryana. It comes to be heard by a Bench of three Judges by reason of the fact that an order was made on 8th January, 1996, in that behalf, having regard to the fact that the question was found to be of importance, namely, whether a person to be searched under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") has a right to be given an option of being searched either by a Gazetted Officer or by a Magistrate.

3. On 1st May, 1991, a police party, led by the Station House Officer, Jakhal, upon information received, conducted a raid on the harvesting floor of the accused near village Puran Majra. The accused was found holding a bag in his hand. He was given the option of being searched by the said Police Officer or before a Gazetted Officer. The accused opted to be searched before a Gazetted Officer. He was then searched in the presence of a Gazetted Officer and the bag he was carrying was found to contain opium. He was charged with an offence punishable under the Act and tried. The evidence of the prosecution was ac