( 1 ) THE case of the prosecution is that the appellant was apprehended with the contraband, i. e. , 2 kgs. of heroin near Delhi Public Library and that he was given the option of being searched in the presence of Gazetted Officer/magistrate, which he declined. The notice under Section 50, being Exhibit Public Witness 1/a was read over to me, containing the endorsement, "main Apni Talashi Kisi G. O. Ya Magistrate Ke Samne Nahin Dena Chahta". Thus it is argued by the prosecution that Section 50 stands fully complied with. Mr. Mathur, however, has disputed this and has stated that not only Section 50 notice was prepared later on in the police station, but the entire seizure etc. was effected inside the police station and not on the spot where the appellant was apprehended. Mr. Mathur states that the story of the defence is that the entire quantity of the contraband was planted and that mandatory conditions of Section 50 have not been complied with. Mr. Mathur has drawn my attention to the original Exhibit Public Witness 1/a and has pointed out that this document was written subsequently for the simple reason that it bears on top the FIR number, which is in the same in