JUDGMENT :

1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

2. It is alleged in the prosecution case that on 21.11.2022 at 5:20 hours, while the police party was patrolling and reached near Janjadwapur crossing, one person was coming from Debiyapur on foot. On seeing the police personnel, he turned towards Jadwapur road and when the police tried to speak him, he started running, thereafter, he was followed and caught after 30 paces away. After being asked the reason for running, he confessed his guilt. Upon being apprised that under NDPS Act he has option to be searched by some gazetted officer or the magistrate, he gave his consent to be searched by the police officials who caught him. Written consent was taken from him and after that he was personally searched and bag held in his hand was also searched. From the bag, 11 wrappers were found, total weight of which was found to be 554 grams, out of which 40 gram was taken as a sample and remaining contraband was sealed.

3. Learned counsel for the applicant submits that there is total non-compliance of Section 50 NDPS Act. The applicant has not been searched by the gazetted officer or by the