This Crl. Appeal is directed against the conviction and sentence delivered by the Sessions Judge (as Special Judge) Waynad in S.C. No. 99/95 dated 30th December, 1995. To appreciate the submissions of the learned Counsel appearing for the appellant and the submission of the learned Public Prosecutor, the facts and particulars which are culled out from the evidence and the judgment of the trial Court can be briefly stated hereunder.

2. On 10-6-1992 in the night PW-2 the Sub-Inspector of Police attached to the Sultans Bathery Police Station along with his party, on receipt of an information, went to the southern gate of Sultan Bathery bus-stand where the appellant was standing in a suspicious manner. When the appellant was interrogated by PW-2, the appellant did not give any proper reply. Therefore PW-2 suspected that the appellant was in possession of some narcotic substances. For making a body search of the appellant, PW-2 questioned him as to whether the appellant wanted to make search in the presence of a Gazetted Officer or in the presence of a Magistrate as contemplated under S. 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the A