( 1 ) A Division Bench of this Court, while hearing Criminal appeal No. 815 of 1990 wherein the accused is convicted for an offence punishable under provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N. D. P. S. Act), has referred the following question to the larger bench :"whether search of the bags carried by the appellant should be regarded as search of the person of the appellant or not within the meaning of Sec. 50 of the n. D. P. S. Act ?"

( 2 ) SECTION 50 of the N. D. P. S. Act reads as under :-"50. Conditions under which search of persons shall be conducted : (1) When any officer duly authorised under Sec. 42 is about to search any person under the provisions of Sec. 41, Sec. 42 or Sec. 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of the departments mentioned in Sec. 42 or to the nearest Magistrate. (2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-sec. (1 ). (3) The Gazetted Officer or the Magistrate before whom any such person is