Judgment :-

S.B. Sinha, J.

Leave granted.

2. Interpretation of an amendment made in the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") by reason of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act No. 9 of 2001) (for short "the Amending Act") which has come into effect from 2.10.2001 is the question involved in this appeal.

3. The said question arises in the following factual matrix.

On or about 26.09.1999, one Attar Singh, Sub-Inspector received a secret information that the appellant herein would come to a place known as Yamuna Pusta to deliver a consignment of smack. On the basis of the said information, he sent an intimation to the Asstt. Commissioner of Police, Narcotic Branch, whereupon he was directed by the Station House Officer to conduct a raid.

At about 12.15 p.m. on the said date, allegedly, the appellant was apprehended at the given place. He is said to have been provided with an option for getting himself searched before a Magistrate or a Gazetted Officer wherefor a notice under Section 50 of the Act was served. However, as he had not opted to be searched before a magistrate/Gazetted Officer, the appellant was search