ORDER

1. In this bunch of appeals/special leave petitions the following questions of law (besides other questions of law and facts) fall for determination :

(i) Is it the mandatory requirement of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, ("Act" for short) that when an officer, duly authorised under Section 42 of the Act, is about to search a person he must inform him of his right under sub-section (1) thereof of being taken to the nearest Gazetted Officer or nearest Magistrate for making the search ?

(ii) If any search is made without informing the person of his such right would the search be illegal even if he does not of his own exercise his right under Section 50(1) ? and

(iii) Whether a trial held in respect of any recovery of contraband articles pursuant to such a search would be void ab initio ?

2. The above questions came up for consideration before a two-Judge Bench of this Court in State of Punjab v. Balbir Singh ((1994) 3 SCC 299 : 1994 SCC (Cri) 634) and it answered them as under : (SCC p. 322, para 25)

"On prior information the empowered officer or authorised officer while acting under Sections 41(2) or 42 should comply with the provisions