The mandatory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, must be strictly complied with during the search and seizure of an accused person.

( 1 ) THE accused/appellant stands convicted under S. 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act' for short) and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 3,000/- in default of which to undergo imprisonment for six months, by judgment dated 11-7-1996 in Special Case No. 113/1994 by Sessions Judge, Bilaspur.

( 2 ) THE case of the prosecution, stated in brief, is that on 19-7-1994 Police Constable Shyamlal Rathore (P. W. 8) was posted at Police Station Champa and had gone on duty for service of summons at village Kumhari. On the next day, i. e. on 20-7-1994, while he was returning to Champa, he received an information that a person was carrying Ganja. He saw the accused/appellant coming on a scooter at Saragaon Rly. Crossing. He stopped the scooter and on search of the scooter, a bag was recovered in which Ganja was kept. The accused/appellant was taken by Police Constable Shyamlal (P. W. 8) to Police Station Champa and was produced before S. H. O. Rajesh Khare (P. W. 7 ).

( 3 ) S. H. O. Rajesh Khare (P. W. 7), after intimating the accused/appellant by notice (Ex. P/8-A), whether the search of his person should be made in the presence of a Gazetted Officer and on accused expressing his consent to be searched by Rajesh Khare, the latter conducted his search. Ganja was found in possession of the appellant, which was seized from him. Seizure Memo (Ex. P/6) was prepared. The scooter in which the accused/appellant was carrying 'ganja' was seized on the next day, i. e. , on 21-7-1994, as per seizure memo (Ex. P/7 ). The seized Ganja was sent for chemical examination to Forensic Science Laboratory, Raipur. The same was confirmed to be 'ganja', as per report (Ex. P/10 ). After concluding investigation, charge-sheet was filed against the accused/appellant.

( 4 ) THE accused/appellant adjured guilt to the charge. His defence appears to be that while he was going to Champa on his scooter, he was apprehended and forcibly taken to the Police Station. He has been falsely implicated.

( 5 ) THE learned trial Court found that after complying the mandatory provisions of 'the Act' on search of the accused/appellant, 'ganja' was seized from him. Accordingly, he was convicted and sentenced, as mentioned above.

( 6 ) THE learned counsel for the accused/appellant has urged that even according to the prosecution case, the accused/appellant was apprehended at Rly. Crossing at Saragaon Road. However, no search or seizure from him at that place was made. It is urged by the learned counsel for appellant that he was brought to the police station, Champa where seizure was made from him, without complying with the mandatory provision of Section 50 of 'the Act'. The notice (Ex. P/8-A) was not given to him before search of the accused/appellant and that the accused/appellant was made to put his endorsement on the said notice (Ex. P/8-A) after the proceedings of search and seizure were concluded.

( 7 ) HOWEVER, the learned counsel for the respondent/state has supported the impugned-judgment of conviction as well as the sentence imposed on the accused/appellant and it had been contended that the search of the appellant was conducted after complying with the mandatory requirement of 'the Act' and he was found in possession of seized 'ganja'.

( 8 ) SHYAMLAL Rathore (P. W. 8) states that he was at the relevant time posted as Police Constable at Police Station Champa. He also states that on 20-7-1994 he received information whereafter, he apprehended the accused/appellant, while he was coming on a scooter. He had brought him to police station with the assistance of two persons along with the bag in which 'ganja' was kept.

( 9 ) S. H. O. , Rajesh Khare (P. W. 7) states that after intimating the accused/appellant, as per Ex. P/8-A, he had taken his search and seized the 'ganja' from the accused/appellant. (The notice though actually marked as Ex. P/8-