The provisions of section 50 of the NDPS Act are mandatory and must be strictly complied with. However, partial compliance with the provisions of section 50 will not invalidate the search and seizure if the appellant is not prejudiced by such non-compliance.

( 1 ) THIS instant appeal has been directed against the conviction and sentence passed by the learned Judge, Special Court, under the n. D. P. S. Act, 6th Court, Barasat in connection with the Case being No. 79 of 2000.

( 2 ) THE incident leading to the institution of the case took place on 7. 9. 2000. On that date round about 12. 10 hrs. the then I. C. of Barasat P. S. received an information over the phone that a person called Punjabi Mondal was selling heroin at Jagdighata, Kajipara. The matter was reported to S. D. O. and S. D. P. O. , barasat. Acting on the tip-off and the information so received over the phone, i. C. , Barasat headed for the place of occurrence with some other police personnel. They reached Jagdighata, Kajipara within half an hour. There they found a tall person selling articles to another one. Seeing the police personnel approaching, the person purchasing the article took to his heeds, However, the person selling the articles was cornered by the police personnel. He was found in possession of some materials. Having been convinced that the person so detained had been dealing in heroin, the police personnel apprised him of his right to be searched in presence of a Magistrate. The offer so made by the police personnel was accepted by him. Accordingly, I. C. , Barasat P. S. sent a requisition to the S. D. O. with a request to depute a Magistrate for the purpose of conducting the search in his presence. Under the direction of the S. D. O. , Barasat, Sri Sanjib Chatterjee, B. D. O. came to the spot to oversee the search. The accused disclosed his identity in presence of Sri Sanjib Chatterjee. The accused was given the option to have the police personnel searched by the local witnesses. Save and except the wearing apparels, nothing was found in their possession. Thereafter the search of the accused was conducted. On search, a polythene paper covering a carry pack containing some amount of stickly substance of snuff colour could be recovered from the possession of the accused. A goldsmith was called to weigh the incriminating heroin. It was at that stage the seizure was effected in presence of independent local witnesses and the B. D. O. The sealed container containing the heroin was sent to the Chemical Analyst for his examination and report. On receipt of the report of the Chemical Analyst and after examination of the witnesses, the I. O. submitted chargesheet against the accused.

( 3 ) ON perusal of the materials on record, the learned Special Judge was pleased to frame charge under section 21/27 of the N. D. P. S. Act. The accused, however, pleaded not guilty to the accusation levelled against him. Accordingly, the trial commenced against him. As many as twelve witnesses including the informant, the Chemical Analyst, the Investigating Officer and the B. D. O. , in whose presence such search was conducted, were examined.

( 4 ) SCANNING the statements of the witnesses and relying on the report of the chemical Analyst, the learned Judge of the Special Court was pleased to convict and sentence the accused for his alleged commission of offence under section 21 of the N. D. P. S. Act.

( 5 ) AGGRIEVED by, and dissatisfied with, the finding of conviction and sentence, the accused has preferred this appeal.

( 6 ) CHALLENGING the finding of the Court below, the learned Defence Counsel has submitted that the appellant should have been acquitted by the Trial Judge in view of the gla ring defects discernible on the face of the record and non-compliance of the mandatory provisions of sections 42a, 50 and 57 of the N. D. P. S. Act. It is argued that in the absence of clear evidence of compliance of section 50 of the N. D. P. S. Act, conviction and sentence under section 21 of the N. D. P. S. Act would not be justified. What is required is strict compliance of the provision of section 50 of the N. D. P. S. Act and partial option would not meet the requirement of possession of section 50 of the N.