Non-compliance with the mandatory provisions of section 50 of the Narcotic Drugs and Psychotropic Substances Act is fatal to the prosecution's case and entitles the accused to acquittal.

1. - This criminal appeal under Section 374 Cr.RC. has been preferred by the accused appellant Ramesh Chand challenging the judgment dated 7.5.1999 passed by the Additional Sessions Judge, Gangapur City, thereby, convicting the accused appellant for offence under Section 8 read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred to as 'the Act") and sentencing him to undergo rigorous imprisonment for 10 years with a fine of Rs. one lac, in default thereof, to further undergo one years' rigorous imprisonment.

2. Briefly stated the contextual facts of the case are that on 12.6.1998 at 6.40 A.M. one Naval Singh, Head Constable No.1012 G.R.R Police Station, Gangapur City lodged a written report at G.R.R Police Station, Gangapur City to the effect that during the intervening night of 11 & 12 June, 1998 he alongwith Constables Abdul Rasid and Vishnu Kumar was on patrolling duty on Train No.2926 Up Delux Express up to Sawaimadhopur and in Train No. 4005 down Inter City Express from Sawai Madhopur to Gangapur City. When he was in the process of checking in a General Coach of Train No. 4005 down Inter City, he found a person in a suspicion condition. On asking about his whereabouts, the passenger disclosed his name as Ramesh Chand S/o Kailash Chand by caste Yadav Resident of 136/42 Malviya Nagar, New Delhi. On touching, it was found that some semi liquied substance was tied on the abdomen of the passenger and on inquiry, passenger Ramesh Chand disclosed it to be Opium. He then produced Ramesh Chand before the S.H.O. G.R.R Police Station, Gangapur City alongwith written report Ex.P6 Pw12 Babu Khan, SHO G.R.R Police Station, Gangapur City made the accused aware of his right to have his search conducted either in the presence of Gazetted Officer or a Magistrate and accordingly gave him written notice #x.R21 as required under section 50 of the Act. Accused in turn required the presence of a Gazetted Officer at the time of his personal search. PW12 Babu Khan called Dy S.R Gangapur City Manoj Kumar who arrived at Police Station at 6.00 A.M. thereafter, Manoj Kumar summoned two independent witnesses Hari Singh and Azij Khan vide requisition Ex.P7. Thereafter, Manoj Kumar in presence of above independent witnesses took search of the accused appellant and recovered Opium. The weight of the opium alongwith polythene was 2Kg, 420 grams. The net weight of opium was 2Kg 370 grams. Manoj Kumar took two samples of opium weighing 30 gram each and sealed the same and the remaining opium in different packets. Manoj Kumar prepared the seizure memo of opium Ex.P1. He arrested the accused vide arrest memo Ex.P2. PW12 Babu Khan, SHO, registered a case No. 18/98 under section 8 read with section 18 of the Act vide FIR Ex.R9 and further investigated the matter. He sent a detailed report under section 57 of the Act on 12.6.1998 to his superior officer. A copy of the report is Ex.P22 and the receipt is Ex.P23. He recorded the statement of Naval Singh, Ramesh Chand, Deva Ram, Abdul Rasid, Vishnu Kumar, Om Prakash, Gauri Shankar, Ramesh Chand Mahajan, Hari Singh and Abdul Ajij under section 161 Cr.RC.

3. PW9 Om Prakash deposited the sealed packet of the sample in the Forensic Science Laboratory, Jaipur and submitted its receipt Ex.R14 at Police Station, A report of forensic Science Laboratory is Ex.R17, which indicates that on chemical examination the sample contained in the packet marked "B" gave positive tests for the presence of chief constitutes of the coagulated juice of opium poppy having 5.50% morphine.

4. Having completed investigation a challan was presented against the accused appellant in the Court of Additional Sessions Judge, Gangapur City. The learned Additional Sessions Judge framed charges against the accused appellant under section 8 read with section 18 of the Act. The accused appellant denied the charge and claimed to be tried.

5. During trial, the prosecution examined PW1 Deva Ram, PW2 Vishnu