Applicant Major Singh is involved in Crime No. 198/94, u/s 18/21 of the NDPS Act by P.S. Dabra, District Gwalior.

It is alleged that some quantity of opium husk was recovered from the possession of the applicant while he was travelling. The applicant is a constable in Border Security Force No. 81577062 at Takenpur, head-quarter of BSF within this district.

Learned counsel for the applicant pointed out that the mandatory provisions or section 50 of the NDPS Act were not complied with, when the person of the applicant was searched. He relied on the case of Ali Mustaffa Abdul Rahman Moosa v. State of Kerala, reported as 1994 (III) Crimes 456. In that case, it was held that the provisions of section 50 are mandatory.

Learned counsel for the petitioner further relied on the case of Lakshmi Shankar Gupta & 11 ors. v. State & Anr. reported as III (1994) CCR 2039 (FB), in which the Allahabad High Court held that the bar imposed by Section 37 of the NDPS Act can be resolved when there is violation of mandatory provisions of the special Act itself.

A full Bench of this Court in case of RamDayal v. CentralNarcotics Bureau, Cwalior, reported as 1993 JLJ 24 held tha