(1) THE appellant was convicted by the learned Additional Sessions Judge, Hissar under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for having found to be in possession of 250 grms. opium without any permit or licence and sentenced to imprisonment for 10 years. On appeal, the High court confirmed the conviction and sentence and hence the present appeal. Before the High court it was urged on behalf of the appellant that the provisions of S. 50, 52, 55 and 57 of the Act had not been complied with. The High court considered these provisions but was of the opinion that the concerned officer having accidentally recovered the article in question, question of following section 50 did not arise. So far as the noncompliance of the other provisions are concerned, the High court was of the view that even though the provisions of Section 55 may be mandatory but no prejudice having been caused the conviction does not get vitiated. Learned counsel for the appellant contended that in view of the decision of this court in the case of State of Punjab .v Balbir Singh JT 1994 (2 SC 108 as well as three Judge bench decision in the case of Mohinder Kumar .v State, Pana