R. K. ABICHANDANI, J.

( 1 ) THIS Larger Bench has been constituted for considering the following question which as per the order made on 30th January 2003 by the Division Bench was required to be considered by a Larger Bench in view of the conflicting decisions of two Division Benches of this Court :"whether the option offered to the accused to ascertain his willingness to be searched in presence of a Magistrate without referring to be searched in presence of a Gazetted Officer or vice versa would amount to non-compliance of the provisions envisaged under Section 50 of the NDPS Act?"

( 2 ) THE appellant has been convicted for the offences under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Additional City Sessions Judge, Court No. 15 in Sessions Case No. 92 of 1996 and has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 1 lakh, in default of which, to undergo further imprisonment of one year.

( 3 ) THE appellant was caught while fleeing by the raiding party on 10th December 1995 when he was suspected of the offences under the Act on a secret information received by the police inspector. When asked as to whether h

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