Sinha, J. -- 1. The appellant was prosecuted for commision of an offence under sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the NDPS Act", for short) on the basis of a first information report lodged by one Shri S.S. Tomar, the officer in charge of PS Kumbhraj alleging that while he was posted as SHO at the said police station, on 24.12.1996 when he came out of the gate for arresting one Shivraj Meena, he found two persons coming out at a fast speed on a scooter. They were stopped. They disclosed their names as Dilip Singh (the appellant) and Ramsharan. A search of their person was conducted. Nothing was found but on search of the scooter, some black-coloured liquid substance contained in six big plastic bags and one small plastic bag was seen, which were said to be containing opium. Allegedly, the SDOP of the place Raghogarh, named Shri G.S. ladon was informed and 5 kg 890 gm opium was recovered.

2. They were arrested at the spot. The learned Sessions Judge, Guna recorded a judgment of acquittal, inter alia, holding that the search and seizure was vitiated in law as mandatory statutory requirements contained in sections 50 and 42 of the NDPS A