ORDER

1. This appeal is filed by the State of Haryana challenging the judgment of the Punjab and Haryana High Court dated 8-7-1998 setting aside the conviction and sentence recorded by the trial Judge. The respondent herein was convicted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced to undergo RI for ten years and to pay a fine of Rs 1 lakh; in « default RI for two years. The recovery of 13 kg and 500 gm of poppy husk was made in a search of rexine bag carried by the accused. The High Court has set aside the conviction solely on the ground that the procedure prescribed under Section 50 of the Act has not been complied with.

2. A three-Judge Bench of this Court in which one of us (Justice G.P. Mathur) was a party in State of H.P. v. Pawan Kumar) had held that if the search is conducted of a bag, briefcase or any such article or container which is being carried by the accused is not a search of the person, therefore, Section 50 would not apply in such a case. The High Court has not considered the evidence on record. This being the position of the law, we set aside the order of the High Court and remand the case back to the High Court to decide the case afresh in accordance with law, after the appreciation of the evidence on record.

3. With the aforesaid direction the appeal is disposed of.