JUDGMENT

Ganguly, J. —

Heard learned counsel for the appellant. Despite notice, none appears for the respondent.

2. This is an appeal by the Narcotics Central Bureau impugning judgment and order dated 11.01.2002 passed by the High Court whereby the High Court, on consideration of the facts and the legal position of the case, was pleased to hold that the mandatory provision of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’) has not been complied with and the violation of the said Act has vitiated the conviction and on that ground, the High Court was pleased to set aside the conviction and did not examine any other fact of the case. In this appeal also, we do not go into other factual aspects.

3. It is not in dispute that pursuant to the High Court’s order, the respondent is set at liberty.

4. Now, the learned counsel for the appellant submits that in the instant case, from the search notice (at Annexure P-1), it will appear that the requirement of Section 50 of the NDPS Act has been complied with. From the said notice, it appears that the accused was informed that he has the option of being searched either in the pr