The provisions of the Narcotic Act relating to search and seizure are mandatory and non-compliance with these provisions would be fatal to the prosecution case.

V. P. Bhatnagar, J. :- The determination of these cases requires close scrutiny of the various provisions, particularly those relating to procedure contained in Chapter V of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Narcotic Act').

2. Here, brief reference may be made at the very outset to the facts of Cr. Rev. No. 106 of 1987 and Cr. Rev. No. 121 of 1987.

3. The first Criminal Revision No. 106 of 1987 is directed against the order dated August 11, 1987 passed by the learned Sessions Judge, Una, whereby he declined to frame a chargesheet against the accused on the facts placed before him. Briefly stated, the prosecution case was that S.H.O., Babu Ram received a secret information on December 1, 1985 that accused Sudarshan Kumar was carrying on sale of opium at his house and that opium in large quantity could be recovered from his house. On the following morning, he associated three independent witnesses with the raiding party and went to the Sudershan Kumar's house. He gave his personal search before searching the house. During the search he found a plastic bag hidden underneath a gunny bag. The plastic bag contained opium weighing 352 gms. The case was registered under S.9 of the Opium Act and accordingly a challan was put up, but the learned trial Court committed the case to the Sessions Judge under Section 18 of the Narcotic Act as the provisions of the Opium Act stood repealed by the Narcotic Act. The prosecution, however, failed to produce any notification issued by the State Government under the provisions of Section 41 or 42 empowering the police officer concerned to enter, search, seizure and arrest without warrants. In its absence, search effected and the recovery made by the police was held to be without any legal authority to be ignored in the eye of law. The learned Sessions Judge further held the provisions of Sections 50 and 55 of the Narcotic Act as mandatory and non-compliance therewith fatal to the prosecution case. The order of discharge of the accused followed.

4. In Cr. Rev. No. 121 of 1987, the learned Sessions Judge, Solan and Sirmur Districts at Nahan, relying on a judgement given by Punjab and Haryana High Court in Karam Singh v. State of Punjab, 1987 Shimla Law Journal 541 : 1987 (2) Chand LR (Cri) 240 discharged the accused holding, almost on facts similar to those obtainable in Cr. Rev. No. 106 of 1987, that no case was made out since the police officer was not competent to conduct the search and arrest the accused for want of proper notification under the provisions of Ss.41 and 42 of the Narcotic Act.

5. In the remaining four cases, the accused therein have been convicted for offences under the Narcotic Act and awarded the minimum sentence prescribed excepting in one case where the sentence awarded exceeds the minimum. It may be stated here that the minimum prescribed sentence is rigorous imprisonment for a period of 10 years and a fine not less than one lakh rupees.

6. It is in the above background that identical questions of law have been raised in these cases and it is due to this reason that all the cases are being disposed of by a common judgement.

7. The procedure laid down in various sections contained in Chapter V of the Narcotic Act is controlled by the word "shall" which, in legal parlance, means that the requirement is imperative. Nevertheless, the word "shall" need not be given that connotation in each and every case and the provision can be interpreted as directory instead of mandatory depending upon the purpose which the legislature wanted to achieve, as disclosed by the scheme of the Act and the rules.

8. Of late, the menace of narcotic drugs and psychotropic substances has assumed such alarming proportions in the country that the elected representatives of the people could not but take note of it. Those who use these drugs become their slaves and slowly but almost irretrievably push themselves into graves of their own making. Trafficking in drugs meant t