G.T.NANAVATI, J.

(1) THE State has filed this appeal as the High Court has acquitted the respondent after setting aside the conviction recorded by the trial court under Section 18 of the NDPS Act. We have gone through the evidence of this case and we find that the police officer who had searched the respondent had not informed him about his right under Section 50 of the NDPS Act.

(2) LEARNED counsel appearing for the State has fairly conceded that no witness has specifically stated that the respondent was informed about his right while his person was searched. In the absence of such evidence it has to be held that the respondent was not informed about his right to be searched in the presence of a gazetted officer or a Magistrate. In view of this breach of the mandatory requirement of Section 50 of the NDPS Act, the appeal is dismissed.