S.B. Sinha, ACJ.: Reference to this Bench has been made by one of us (G. R. Bhattacharjee, J) by an order dated 5.3.1999 as His Lordship doubted the correctness of the decision of a Division Bench of this Court in Ajoy Srivastava vs. State of West Bengal, reported in 1998 Cal. Cri. L. R. 417 opining that the search in presence of a Gazetted Officer would be in substantial compliance of the requirements laid down in section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

2. The case at hand raises a question as regard interpretation of section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the said Act'). The provisions which are relevant for decisions in this case are as follows :

"S.41. Power to issue warrant and authorization-(1) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second class specially empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under Chapter IV, or for the search, whether by day or by night, of any building, conveyance or place in which