( 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 brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. (4) No female shall be searched by anyone excepting a female. "

( 3 ) WHILE hearing Criminal Appeal No. 407 of 1991, attention of the Division bench was drawn to a question referred to the larger Bench and therefore, the aforesaid appeal is also placed along with Criminal Appeal No. 815 of 1990.

( 4 ) (I) In Criminal Appeal No. 815 of 1990, appellant-accused was tried for an offence punishable under Sec. 20 (b) (ii) of the N. D. P. S. Act and for an offence punishable under Sec. 66 (1) (b) of the Bombay Prohibition Act, 1949 by learned City civil and Sessions Judge, Ahmedabad in Sessions Case No. 62 of 1990 and on appreciation of evidence, the learned Additional Sessions Judge recorded an order of conviction and sentenced the accused-appellant to undergo rigorous imprisonment of ten years and to pay a fine of Rs. 1 lakh (in default of payment of fine, further rigorous imprisonment for two years) for an offence punishable under Sec. 20 (b) (ii) of the N. D. P. S. Act and to undergo rigorous imprisonment for two months and to pay a fine of Rs. 500. 00 (in default of payment of fine, further rigorous imprisonment for 15 days) for an offence punishable under Sec. 66 (1) (b) of the Bombay Prohibition act, 1949, by an order dated 20th August 1990. 4. (ii) The appellant has challenged the aforesaid order of conviction and sentence by preferring the aforesaid appeal under Sec. 374 of the Criminal Procedure code. 4. (iii) On December 1989, Inspector of Police, Maninagar Police Station received an information about a delivery to be affected of Narcotic drugs (Charas) at about 2-00 p. m. After following the formalities of recording the complaint, calling the panchas etc. , a watch was arranged near Shahalam Darwaja and the person whose description was given, was found approaching the road. The said person was accosted by the members of the raiding party and was found carrying two bags, one made of black rexine and another of cloth. The person disclosed his name and on search being carried out, it resulted in recovery of Charas weighing about 20 kgs. , and 745 gms. Offending article, viz. , Charas, thereafter was seized in the presence of Panchas; the offending article was sealed as per panchnama. The sealed packets were forwarded to Forensic Science Laboratory for analysis. On receipt of the report indicating that substance examined was found to be Charas, the accused-appellant came to be prosecuted for the aforesaid offences. On appreciation of evidence, the learned trial Judge recorded an order of conviction. 4. (iv) Before the Division Bench, it was submitted that before the search was carried out, more particularly of the