ORDER

1. This petition is directed against the conviction of the petitioner under Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred) as "the NDPS Act"). Such conviction has been affirmed on appeal by the ligh Court of Delhi. Notice was issued limited to the question of violation of the mandatory provisions of Section 50 of the NDPS Act. Learned ounsel for the appellant has submitted before us that although in Balbir Singh case (State of Punjab v. Balbir Singh [(1994) 3 SCC 299 : 1994 SCC (Cri) 634]), Section 50 of the NDPS Act as considered in the context of a search of a "person" but the principle as to why such search should be made in the presence of a gazetted officer or a idicial magistrate to ensure sanctity to such search, has been elaborated in the said decision. The learned counsel has submitted that the same principle should also be made applicable in case of search of articles belonging to the accused or search of the premises or property belonging to or possessed by the accused. In support of such contention, reference has been made to a decision of a three-Judge Bench of this Court in Mohinder Kumar v. State, Panaji, Goa [(1998) 8 SCC 655 : 199