( 1 ) WE have heard the counsel for the parties. In the instant case, the emphasis by the learned counsel for the appellant was on the alleged violation of Section 50 of the Narcotic Drugs and Psychotropic Substances act (in short the NDPS Act ). It was submitted that the said provisions are mandatory and there is nothing on the record to show that the search which was conducted on the person of the accused was before a gazetted officer. ( 2 ) IT is not in dispute that at the time when the accused was apprehended he was informed of his right under Section 50 to be searched either in the presence of a gazetted officer or the Magistrate. The accused accepted the offer and required that he should be searched before a gazetted officer. Thereupon the Police Inspector of Gomtipur Police Station was called and the search was conducted in his presence and the incriminating substance, namely, "charas" contained in a plastic bag was recovered from the pocket of the accused. ( 3 ) A dispute was raised that the Police Inspector was not a gazetted officer. ( 4 ) COUNSEL for the respondent has placed on record the Gujarat Civil services Classification and Recruitment (General) Rules, 1967 which were applicable at the time of the search in 1991, when the incident had occurred. Rule 3 classifies the services and posts under the State into four classes. Rules 3 (1) and (5) and Rule 4 (1) read as follows:"3. Classification of services and posts. (1) The Civil Services of the state of Gujarat shall under orders of the State Government be classified as follows: (i) Class I (ii) Class II (iii) Class III and (iv) Class IV (5) Any service or post shall unless otherwise directed by the State government by a general or special order made in that behalf be deemed to belong (a) to Class II, if it is of a gazetted rank; and (b) to Class III, in any other case. State services, subordinate services and inferior services. The services and posts classified as Class I or Class II shall be known as State services. State services, subordinate services and inferior services. The services and posts classified as Class I or Class II shall be known as State services. " ( 5 ) READING the two together, it is clear that any post which is of a gazetted rank is deemed to belong to Class II unless it is otherwise directed by the State Government under Rule 3 (5 ). This would clearly indicate that all class I and Class II posts are gazetted rank posts. An Inspector of Police belongs to Class II post and ipso facto would be a gazetted officer to that description in Section 50 of the NDPS Act. The accused in the present case was, therefore, searched in the presence of the gazetted officer and no fault can be found on that score. The provisions of Section 50 are validly complied with. The evidence on record clearly disclosed the commission of the offence by the appellant. We find no infirmity in the decision of the trial court or the High Court. ( 6 ) THE appeal is, accordingly, dismissed.