ORDER T.H.B. Chalapathi, J. (Oral) - The appellant has been convicted by the learned Additional Sessions Judge, Hoshiarpur for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs. One lac vide judgment dated 9.6.1990 in RBT Session Case No. 18 dated 30.8.1989. 2. According to the case of the prosecution, the Police party headed by S.I. Radha Kishan alongwith Faqir Chand, D.S.P. and other officials of the B.S.F. held a nakabandi on 17.12.1988 and accused was stopped when he was coming in a car, with other accused, bearing registration No. HPY-395 at about 9.30 p.m. on 17.12.1988. S.I. Radha Kishan made a search of the accused, which resulted in recovery of 500 grams Charas. Sample of Charas was taken and separately sealed. Remaining Charas was also sealed. After completion of the investigation, challan was presented against the accused. In order to prove the guilt of the accused, prosecution examined four witnesses beside marking certain documents. After closure of the evidence, accused was examined under Section 313 Criminal Procedure Code The accused did not adduce any evidence in defence. On a consideration of the evidence on record, learned Additional Sessions Judge, Hoshiarpur convicted the accused for the offence under Section 20 of the N.D.P.S. Act and sentenced him as stated above. Hence, this appeal. 3. The appeal is to be allowed on the short ground that there is violation of Section 50 of the N.D.P.S. Act. The evidence of PW-4 clearly shows that he stopped the car in which the accused was travelling and he made a search of the accused in the presence of Faqir Chand, D.S.P., Ajit Singh, Ex-Sarpanch and A.S.I. Gurmail Singh. There is nothing in his evidence that the accused was told about his right to be searched in the presence of a Gazetted Officer or before a Magistrate. It is no doubt proved that it is the case of the prosecution that Faqir Chand D.S.P. was also a party of the Nakabandi, but there is nothing on record to show that the accused was told that the said Faqir Chand is a Gazetted Officer and whether he wanted to be searched in the presence of Faqir Chand or whether he wanted to be searched in the presence of a Magistrate. Further, Faqir Chand, D.S.P. who was a member of the Nakabandi party was given up and was not examined by the prosecution on the ground that he was won over by the accused. When there is nothing on record that accused was made aware of his right to be searched in the presence of a Gazetted Officer or before a Magistrate, there is clear contravention and violation of provisions of Section 50 of the N.D.P.S. Act. It has been held by the Apex Court is cases of State of Punjab v. Balbir Singh, JT 1994(2) SC 108 and State of Punjab v. Baldev Singh, JT 1999(4) SC 595 that contravention of Section 50 of the N.D.P.S. Act vitiates the trial. Appeal is accordingly allowed. Conviction and sentence imposed by the learned Additional Sessions Judge, Hoshiarpur are hereby set aside and accused is acquitted of the charge framed against him. His bail bonds shall stand cancelled. Appeal allowed.