On 1st May, 1991, a police party, led by the Station House Officer, Jakhal, upon information received, companyducted a raid on the harvesting floor of the accused near village Puran Majra.
The accused was found holding a bag in his hand.
He was charged with an offence punishable under the Act and tried.
He was given the option of being searched by the said police officer or before a Gazetted officer.
The evidence of the prosecution was accepted.
The accused opted to be searched before a Gazetted officer.
He was then searched in the presence of a Gazetted officer and the bag he was carrying was found to companytain opium.
lt companyes to be neard by a bench of three Judges by reason of the fact that an order was made on 8th January, 1996, in that behalf, having regard to the fact that the question was found to be of importance, namely, whether a person to be searched under Section 50 of the Nercotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as the Act has a right to be given an option of beinq searched either by a Gazetted Officer or by a Magistrate.
BHARUCHA.
The trial judge companyvicted the accused of the offence punishable under Section 18 of the said Act and he was sentenced to undergo rigorous imprisonment for a term of ten years.
This appeal impugns the judgment and order of the High Court of Punjab Haryana.
J. Leave granted.
