ORDER

1. Delay condoned.

2. Leave granted.

3. The appellant was charged of possessing contraband article alleged to be brown sugar weighing 1350 milligram in Sankadi Sheri, near Bangadi Bazar, Rajkot.

4. The trial court convicted the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and sentenced him to undergo simple imprisonment for ten years with a fine of Rs 1 lakh.

5. Aggrieved against the order of the trial court, the accused-appellant filed an appeal before the High Court. The High Court while maintaining the sentence, converted the simple imprisonment into rigorous imprisonment.

6. One of the points raised before the High Court was with regard to the compliance with Section 50 of the Act i.e. the accused-appellant was not informed of his right to be searched in the presence of a Gazetted Officer or a Magistrate and that merely being asked as to whether the accused-appellant would like to be searched in the presence of a Gazetted Officer or a Magistrate would not be sufficient compliance with the provisions of Section 50 of the Act. This submission of the accused-appellant was turned down by the High Court relying up