Honble DALELA, J. – The short point on which the appeal is being decided does not require detailed discussion of facts and evidence. According to prosecution on 16.5.92 in Bilara at 11.00 a.m. the accused- appellant was searched and thereupon 2.500 kg. of opium was recovered from his possession. Thus he was charged for the offence under section 8/17-18 N.D. P.S. Act. After recording the necessary evidence and hearing both the sides the learned Special Judge, N.D.P.S. Act Cases, Jodhpur vide his order dated 6.4.93 convicted the accused- appellant for the said offence and sentenced him to a rigorous imprisonment for ten years and a fine of Rs. one lac. In default of the fine a further imprisonment for one year was directed.

(2). Against this conviction and sentence this appeal has been preferred by the accused-appellant.

(3). In this case the provisions of Section 50 N.D.P.S. Act have not been fully complied with. In the case of State of Punjab vs. Balbir Singh reported in (1) and in the case of Ali Mastaffa Abdul Rahman Moosa vs. State of Kerala reported in (2), it has been laid down by the Supreme Court that the provisions of section 50 are mandatory and the non-compliance whereof wo

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