JUDGMENT

Arijit Pasayat, J.

1. Challenge in this appeal is to the order passed by learned single Judge of Rajasthan High Court at Jodhpur refusing to grant leave against the judgment of acquittal passed by learned Special Judge, NDPS cases, Udaipur.

2. The accused faced trial for alleged commission of offences punishable under Sections 8 and 18 of Narcotic Drugs and Psycotropic Substances Act, 1985 ( in short `NDPS Act') for being in illegal possession of a large quantity of opium. The trial Court directed acquittal only on the ground that there was non-compliance with requirements of Section 50 of the Act. The State filed an application for grant of leave to file appeal against such judgment. The High Court dismissed the application holding that since there was non-compliance of mandatory requirement of Section 50 of the Act and there was no need for grant of leave.

3. Learned Counsel for the appellant submitted that in fact the recovery was made from a polythene bag and therefore Section 50 has no application.

4. There is no appearance on behalf of the respondent.

5. The position relating to applicability of Section 50 of the Act when the search is of a bag, brief case or an article it