KOSHY, J.

This criminal appeal is referred to the Division Bench by Justice M. R. Hariharan Nair noticing divergent views taken by two learned single Judges of this Court in Mani v. State of Kerala, (Cri. A. 127/99) and Rasheed v. State of Kerala (1999) 3 Ker LT 133 : (1999 Cri LJ 4746). The only question to be resolved in this case is whether mandate of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') is satisfied if accused is informed of and offered his legal right to be searched in the presence of a Gazetted Officer without mentioning about the right to be searched before a Magistrate or vice versa as Constitution Bench of the Apex Court in State of Punjab v. Baldev Singh, AIR 1999 SC 2378 : (1999 Cri LJ 3672) held that before conducting search of a person under Section 42 or 43 of the NDPS Act, empowered officer shall inform him that he has got a right to be searched in the presence of the nearest Magistrate or Gazetted Officer and failure to inform him about such right is violation of Section 50 of the NDPS Act ? We have to consider whether substantive compliance of requirements of Section 50 is enou