ORDER

1. Notice was issued in the present case on the limited question whether the alleged non-compliance of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter called "the Act", was fatal to the prosecution. This question arises in the backdrop of the following facts :

The petitioner, a Nigerian national, was leaving India on 23-6-1987 by Air India Flight No. AI-860 from Delhi to Lagos via Bombay. He had reported for customs clearance at the Air India counter at the Indira Gandhi International Airport, New Delhi. A team of the Narcotics Control Bureau present at the airport suspected the petitioner and decided to cheek his baggage. The petitioner was first asked if he was carrying any narcotics or other contraband goods and on his refusal, his luggage was searched. At the point of time when the actual search took place, he was carrying two handbags but nothing incriminating was found therefrom. He had, however, booked one bag which had already been checked in and was loaded in the aircraft by which he was supposed to travel. This bag was called to the customs co enter at the airport for examination. On examination, it was found that it contained 153