JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Allahabad High Court allowing the appeal filed by the respondent. On the accusation of offence committed punishable under Section 20(b) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘Act’) the accused faced trial. Learned III Additional District & Sessions Judge, Kanpur, found the accused guilty and sentenced him to 10 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- with default stipulation. The case of the prosecution is that on 3.1.1991, PWs. 1 and 2 checked the accused and his personal search resulted in recovery and seizure of 500 grams of charas. Two samples of 25 gms. each were separately taken and sent for chemical analysis. On analysis the contraband was found to be charas by the Public Analyst. Before the High Court the only stand taken by the accused was that there was non-compliance with the requirement of Section 50 of the Act. The High Court found on going through the evidence of PWs 1 and 2 that there is nothing to suggest that the requirement of Section 50 was complied with. Accordingly, the judgment of acquittal was