JUDGMENT : R.P. Sethi, J. We have heard learned counsel for the parties. 2. From the facts of the case it transpires that the provisions of Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N DPS Act') were not complied with as the respondent-accused was not given an option of being searched by a Magistrate besides a Gazetted Officer. As the conviction is not sustainable on the ground of violation of Section 50 of the NDPS Act, we refrain to comment upon the position of law with respect to Section 42 of the NDPS Act, as noticed by the High Court. 3. There is no merit in the appeal, which is accordingly dismissed. Appeal Dismissed.