M. KARPAGAVINAYAGAM, J. ( 1 ) KUPPAMMAL @ Subbulakshmi, the appellant herein has been convicted for the offence under Section 20 (b) (i) of the N. D. P. S. Act and sentenced to undergo R-I for three years and to pay a fine of Rs. 6,000/ -. Challenging the same, this appeal has been filed. ( 2 ) ACCORDING to the Prosecution, the appellant and one Chinnaiyan were found in possession of the bags containing 1 1/ 4 kgs. and 2 kgs, of ganja respectively and on the basis of the evidence of P. W. 1, the Constable and P. W. 2, the Sub-Inspector of Police, the charge sheet was filed by the Inspector of police, after obtaining the Analyst s report. ( 3 ) WHILE challenging the conviction and sentence, Mr. Shanmugavelayutham, the counsel for the appellant would argue that section 50 has been violated and as such, the appellant is liable to be acquitted. ( 4 ) I have heard the Additional Public prosecutor. ( 5 ) ON going through the records, it is seen that P. Ws. 1 and 2, namely Constable and sub-Inspector of Police went on Patrol duty on 15-2-1997 and they found that two accused persons including the appellant were moving in a suspicious manner and they interrogated them and ultimately, they detected that the bags carried by them were found to contain ganja. Since the bags were searched, I am of the view that Section 50 would not get attracted. ( 6 ) HOWEVER, the Inspector of Police, who conducted investigation and filed the charge sheet on the basis of the F. I. R. and the report under Section 57 and on the basis of the analyst s report, has not been examined. Furthermore, it is the specific case of P. Ws. 1 and 2 that one Woman constable was present when the bag carried by the appellant being a woman was searched. ( 7 ) THOUGH it is not necessary for invoking section 50 when there was no personal search, when it is the case of prosecution that the search was conducted in the presence of the woman Constable, it must be established by examining the said Woman Constable or by producing document to show that the said woman Constable searched the appellant or the bag carried by the appellant was searched in the presence of the Woman Constable. ( 8 ) NONE of the documents, namely ex. P-1 Mahazar and Ex. P-2, the Memo conveying the right of her being searched in the presence of the Magistrate or Gazetted officer would contain the reference about the presence of the Woman Constable. On going through Exs. P-1 and P-2, it is clear that woman Constable 1772 Helan Rani has not signed in these documents. ( 9 ) UNDER those circumstances, I am not able to place reliance on P. W. 1 and P. W. 2 since the presence of the Woman Constable has not been referred to in the earliest documents, namely mahazar and memo. Therefore, the conviction and sentence are liable to be set-aside and accordingly set- aside. Fine, if paid, is directed to be refunded. Thus, the appeal is allowed.