Learned single Judge of the High Court relied on the decision of this Court in State of Punjab v. Balbir Singh, for holding that the requirements of Section 50 of the Act are number mandatory and number compliance therewith would number vitiate the search.
He therefore, went in search of the auto rickshaw and came across the same.
Two other bags kept close to him were also seized and those bags also companytained brown sugar.
A single Judge of the High Court allowed the appeal filed by the 2nd accused and acquitted him but companyfirmed the companyviction and sentence the appellant.
He stopped the vehicle and found the appellant and two other persons sitting on the seat.
Further facts of the case are number necessary for disposal of this appeal.
When appellant was searched he was found carrying a bag in which 300 grams of brown sugar had been detected.
When PW 1 was companyfronted with this aspect he said that appellant did number make a demand that search should be companyducted in the presence of a Gazetted Officer or a Magistrate.
Those companyvicted persons preferred an appeal before the High Court.
The facts lie in a narrow companypass.
Hence this appeal by special leave.
It is admitted by PW 1 that appellant was number informed that he has a right of being searched in the presence of a Gazetted Officer or a Magistrate.
P.W. 1, Circle Inspector Police received information that certain persons were on the move in an auto rickshaw carrying brown sugar.
