Judgment S.P. Pathak, J.-Both the appeals have been filed against the Judgment of coviction and order of sentence dated 010.2001 passed by learned Special Judge, NDPS Cases, Pratapgarh in Special Sessions Case No.40/2000, whereby accused-appellant Mukesh has been convicted under Section 8/21 and Section 9-A/25-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and accused-appellant Bapulal has been convicted under Section 8/29 of the Act. They have been sentenced as under:-Name of accused-appellant Offence under Section Sentence awarded Mukesh 8/21 NDPS Act 15 years’rigorous imprisonment and a fine of Rs.1.5 lacs, in default of payment of fine to further undergo three years’ rigorous imprisonment 9-A/25-A NDPS Act 5 years’rigorous imprisonment and a fine of Rs.50,000/-, in default of payment to further undergo one year’s rigorous imprisonment. (Both the sentences were ordered to run concurrently) Bapulal 8/29 NDPS Act 10 years’rigorous imprisonment and a fine of Rupees one lac, in default thereof to further undergo two years’ rigorous imprisonment. The accused-appellants were given benefit under Section 428 Cr.P.C. 2. In brief , the case of the prosecution as it is revealed from the evidence is as below:-On 15.07.2000, PW. 4 Vijay Singh Meena, Superintendent, Prevention and Vigilance Cell, Central Narcotics Bureau, Jaipur, received an information (Ex.P/3) from an unlisted Mukhbir in the office of Distict Opium Officer, Pratapgarh that one person named Mukesh Kumar Nayak will deliver about 2 kgs heroin and 5 litre acetic anhydride to Iswaralal Gurjar, resident of Narayangarh, carrying it from Pratapgarh area. The said information was recorded in document CBN-I and copies whereof were sent to Dy. Narcotics Commissioner, Kota and Dy. Narcotics Commissioner (A&P), Gwalior vide No. 838 and 839 of the dispatch register of the office of District Opium Officer, Pratapgarh. In order to materialize the information, a preventive team was constituted under the superivison of Shri Vijay Singh Meena and all the members of the team were informed about the information received at Pratapgarh itself . On 16.07.2000, at 5.30 PM one member of the preventive team Shri Laxman Katariya, Sub-Inspector, Central Narcotics Bureau, called two independent witnesses Sarva Shri PW. 2 Bagdi Ram and PW. On 16.07.2000, at 5.30 PM one member of the preventive team Shri Laxman Katariya, Sub-Inspector, Central Narcotics Bureau, called two independent witnesses Sarva Shri PW. 2 Bagdi Ram and PW. 1 Ramesh and introduced them to the members of the team and telling them about the purpose, informed them that as per secret information one person would start in a bus from Basad Phanta crossing (a junction of three paths on Pratapgarh-Mandsore road) with illegal heroin and acetic anhydride and they had to remain present as independent witnesses at the time of his search. Both the persons gave their consent. Thereafter, acting on the information received, in supervision of Shri Meena the preventive team alongwith the two independent witnesses started in Govt. vehicle RJ20 C 6684 and one private taxi No.RJ19 C-7003. They reached at Basad Phanta crossing on Pratapgarh-Mandsore road at 6 O’clock and took their positions. The preventive team was comprised of Inspector Rakesh Bhargava, Inspector Ajmer Singh Barad, Inspector S.K. Singh, Sub-Inspector Laxman Katariya, Sub-Inspector Sanjay Paliwal, Constable Chotu singh Hada of the Central Narcotics Bureau, Jaipur and A.P. Choudhary, Inspector, NCB, Pratapgarh. At about 6:15, one person came from the side of village Basad at Basad Phanta on Pratapgarh-Mandsore road, who was stopped by one of the members of the preventive team Shri Laxman Katariya, the Sub-Inspector. The person stopped was having a printed regzin bag in his right hand. When that person was inquired, he disclosed that he was Mukesh Sharma s/o Devilal, aged 26 years, by caste Nayak and was a resident of Paheda Magra, Police Station Narayangarh, Tehsil Malhargarh, District Mandsore. In the presence of both the independent witnesses, the Sub-Inspector Katariya informed him that on the basis of information received about heroin and acetic anhydride, search of his person and baggage was to be taken. Accused Mukesh Kumar was informed also in writing under Section 50 NDPS Act that he had a right and if he wished he and his baggage could be searched either before a Magistrate or Gazetted Officer. Whereupon, Mukesh Kumar gave his written consent to give search to Katariya, the Sub Inspector. As per the orders of incharge of the preventive team, the search of the person of Laxman Katariya was taken by accused Mukesh Kumar and the panchas. Whereupon, Mukesh Kumar gave his written consent to give search to Katariya, the Sub Inspector. As per the orders of incharge of the preventive team, the search of the person of Laxman Katariya was taken by accused Mukesh Kumar and the panchas. Thereafter, search of the bag of Mukesh Kumar was taken by Katariya, in which, beneath the clothes, 6 transparent bottles of plastic were found. Each of the bottles had caps of blue colour and inside the caps, there were transparent plastic corks on the bottles. Out of those six bottles, five bottles contain about one liter liquid material and one bottle contained about half liter of such material. On opening the caps and the corks of bottles, the liquid material gave extreme smell of acetic anhydride and the accused also confirmed the material to be acetic anhydride. On further search of the bag, in one polythene bag, two small polythene bags containing light brown powder was found, which on seeing and smelling was found to be like heroin. Mukesh Kumar confirmed it as half -made heroin ‘Kud’. The recovered heroin was weighed by Laxman Katariya with the scale and measurements brought alongwith the preventive team. The weight of both the polythene bags was two kgs, out of which two mixed samples of 5 grams each were taken in separate polythene bags and sealed by keeping them in white envelopes which were pasted and the detail of recovery was written on them. The envelopes were sealed again and were marked as A1 and A2. The remaining heroin 1.990 kgs including the polythene bags was kept in a white cloth bag and same was stitched and sealed. The cloth bag was marked ‘A’ after pasting a slip on it detailing the recovery. The recovered bottles of acetic anhydride marking B-1, B-2, B-3, B-4, B-5 and B-6 was done and two samples of 50 ml each were taken out and filled in two small plastic bottles and thereafter closing their lid, they were kept in white cloth and sealed. They were marked B-7 and B-8. Impression of the seal used in recovery was given on the margin of the Panchnama. Recovered heroin and acetic anhydride were seized under the provisions of the Act and all legal formalities were completed at the spot and in its corroboration all the present initialed or put their thumb impressions. They were marked B-7 and B-8. Impression of the seal used in recovery was given on the margin of the Panchnama. Recovered heroin and acetic anhydride were seized under the provisions of the Act and all legal formalities were completed at the spot and in its corroboration all the present initialed or put their thumb impressions. Accused Mukesh Kumar noted down his statement himself in his own handwriting in which he accepted his guilt and he after showing the reason and basis of his arrest, was arrested by Laxman Katariya at 12 O’ clock. In compliance of Section 57 of the Act, the first information report was produced at 1 PM on 16.07.2000 before the Superintendent, Central Narcotics Bureau, Jaipur, who appointed Inspector Ajmer Singh as Investigating Officer of the case and he after registering criminal case No. 4/2000 started investigation in the matter. The recovered articles heroin and acetic anhydride and the samples taken out therefrom alongwith the seal used in sealing the recovered articles and samples were deposited in the Malkhna of District Opium Officer, Pratapgarh on 16.07.2000 at 01.30 PM. The accused in his statement stated that the recovered heroin and acetic anhydride was to be delivered to Iswarlal Gurjar resident of Narayngarh, District Mandsore, which was taken from Ajij Khan resident of Gordhanpura and he also disclosed that earlier also on two occasions he had prepared smack at the father-in-law’s house of Iswarlal and there Bapulal and Ajij Khan mainly assited him. He further disclosed that once he had purchased opium from Mohanlal s/o Kachrulal. On 16.07.2000 at 2.30 PM, search of the house of Ajij Khan s/o Aslam Khan was taken but Ajij Khan was found to be absconded. At the instance of accused Mukesh Kumar on 17.07.2000 when search of the houses of Ishwarlal resident of Narayangarh and Bapulal resident of Chhayan, Pipliya was taken, Iswarlal was found absconded and in the presence of his wife Kunkubai before the independent witnesses, a diary having red colour regzin cover was found and the pages whereof were marked as serial No. 1 to 390. At page No. 384 there was mentioned of one telephone number of Varanasi and there were other suspected numbers whose reference had come in the statement of accused Mukesh Kumar. At page No. 384 there was mentioned of one telephone number of Varanasi and there were other suspected numbers whose reference had come in the statement of accused Mukesh Kumar. Search of the house of accused Mukesh Kumar in presence of his wife Kala at village Paheda was also taken on 17.07.2000 and information of arrest of Mukesh Kumar was given to his wife. On the very same day, at the instance of Mukesh Kumar the preventive team of NCB reached at the residential house of Bapulal Gurjar and there before the Panchas, Mukesh Kumar identified Bapulal Gurjar. In the search of residential house of Bapulal, one pocket diary was found, the pages of which after taking in possession were marked from Serial No.1 to 32. Bapulal was given summon to appear before the District Opium Officer, Pratapgarh at 2:00 PM. Accused Mukesh Kumar was produced before the Chief Judicial Magistrate, Pratapgarh, orders for his judicial custody were obtained, and after that, he was admitted in the District Jail, Pratapgarh. The First Information Report was submitted in the Court of Special Judge, NDPS Cases. Bapulal, in his statement, accepted that his father Ratanlal s/o Kastoor Chand is licensee for opium cultivation but this time Bapulal cultivated the opium and out of the cultivation he saved 13 kgs opium and from that he prepared smack at his well alongwith Iswarlal and Mukesh Kumar. Further, in his statement, Bapulal has accepted about preparing smack from 10kgs opium, keeping six bottles of chemical with him, and thereafter giving it to Ajij Khan. In the diary recovered from Bapulal at page No.1 telephone number 48701 of Narayangarh and saving of 13 kgs opium and weighing of opium in the office of District Opium Officer alongwith 7 kgs water has been stated. This has been verified from the opium weight register of the said office. After recording the statement of Bapulal, he was arrested at 4 PM showing him reason and basis for that. He was also produced in the Court of Chief Judicial Magistrate, Pratapgarh and after obtaining orders from the Court, he was sent to District Jail, Pratapgarh. On the basis of statement of Bapulal, the vehicle Tempo tracks, belonging to Iswarlal, which was used in transporting acetic anhydride, was seized and taken in possession on 18.07.200 under Section 60(iii) NDPS Act. He was also produced in the Court of Chief Judicial Magistrate, Pratapgarh and after obtaining orders from the Court, he was sent to District Jail, Pratapgarh. On the basis of statement of Bapulal, the vehicle Tempo tracks, belonging to Iswarlal, which was used in transporting acetic anhydride, was seized and taken in possession on 18.07.200 under Section 60(iii) NDPS Act. Out of the samples taken in the case, heroin sample A-1 and acetic anhydride sample B-7 in sealed conditions through letter dated 17.07.2000 were sent for chemical examination to Opium Factory, Neemuch through Constable Ramcharan and the receipt thereof dated 17.07.2000 was received. As per the chemical examination report dated 05.09.2000, the recovered material and the chemical were found to contain Morphine and acetic anhydride. 3. A charge-sheet was filed in the Court of Special Judge, NDPS Cases and on 011.2000, the parties were heard on Charge and after hearing charges against accused Mukesh Kumar and Bapulal under Sections 8/21, 9A/25A of the Act were framed and read over to them to which they denied and claimed trial. 4. The prosecution produced as many as 8 witnesses in support of its case and got exhibited number of documents. 5. After close of prosecution evidence, accused were examined under Section 313 Cr.P.C. who denied the prosecution story and stated to have been involved falsely. On completion of trial, the learned Special Judge, after hearing both sides, convicted and sentended the accused-appellants as indicated hereinabove. 6. Aggrieved by the aforesaid Judgment of conviction and order of sentence dated 010.2001, the accused-appellants have approached this Court by filing the present appeals. 7. I have heard learned Counsel for the accused-appellants and the learned Counsel for Union of India and also perused the material available on record of the case. 8. Before examining the contentions, it is proper to give here a brief resume of the prosecution evidence. 9. PW. . 4 Vijay Singh in his statement has stated that while he was posted as Superintendent, NCB, Jaipur, he had gone to Pratapgarh in the Divisional Office. There a secret information was received by him to the effect that accused Mukesh will pass through Pratapgarh area with two kilograms of heroin and five liters of acetic anhydride and the contraband will be delivered to one Ishwarlal, resident of Narayangarh. There a secret information was received by him to the effect that accused Mukesh will pass through Pratapgarh area with two kilograms of heroin and five liters of acetic anhydride and the contraband will be delivered to one Ishwarlal, resident of Narayangarh. The information was reduced in writing in CBN-I and copies were sent to Deputy Narcotics Commissioner, Kota and Dy. Narcotics Commissioner (A&P), Gwalior. A preventive team to act upon the information was constituted in which other members were Rakesh Bhargava, A.P. Choudhary, Ajmer Singh Barad, S.K. Singh, Laxman Katariya, Sanjay Paliwal, and Chotu singh. He has further stated that on 16.07.2000 PW. . 5 Laxman Katariya, Sub-Inspector of the NCB department brought two independent witnesses with him in Pratapgarh office. The witnesses were introduced to the members of the preventive raiding party and they were also intimated about the secret information received. He has further stated that at about 5:40 AM they started from the Pratapgarh office and staged Nakabandi at Pratapgarh-Mandsore road near Basad village Phanta. At about 6:15 AM, a person came from the side of Pratapgarh-Mandsore road at the Phanta, where Nakabandi was staged. PW. 5 Shri Katariya stopped him and made inquiries and the person, who was stopped, disclosed his name as Mukesh Kumar. He has further stated that the accused was intimated about the secret information and also about his right to be searched before a Magistrate or a Gazetted Officer. A written notice was given to Mukesh Kumar in this regard on which accused has given consent in writing that he be searched by him and on his instructions PW. 5 Katariya took personal search as well as the search of a regzin bag which was in the accused’s hand in presence of the independent witnesses. The bag, on opening, was found to contain 6 transparent bottles of plastic and each of the bottles had caps of blue colour and inside the caps there were transparent corks on the bottles. Out of those 6 bottles, 5 bottles contained about 1 liter liquid material and one bottle contained about half liter substance. He has further stated that on opening the caps and corks of bottles, the liquid material gave smell of acetic anhydride and the accused also confirmed the material to be acetic anhydride. Out of those 6 bottles, 5 bottles contained about 1 liter liquid material and one bottle contained about half liter substance. He has further stated that on opening the caps and corks of bottles, the liquid material gave smell of acetic anhydride and the accused also confirmed the material to be acetic anhydride. On further search of the bag, in one polythene bag two small polythene bags containing light brown powder was found, which was found to be like heroin. He has stated that accused Mukesh confirmed that the recovered material was half made heroin. He has further stated that PW. 5 Laxman Katariya weighed the recovered heroin with the scales and measurements. The weight of both the polythene bags was two kgs, out of which two mixed samples of five grams each were taken in separate polythene bags and sealed by keeping them in white envelopes which were pasted with a slip and the details of recovery was written on them. The envelopes were again sealed and were marked as A1 and A2 and the remaining heroin 1,990 grams including polythene bag was kept in a white cloth bag and the same was stitched and sealed. The cloth bag was marked ‘A’ after pasting a slip on it detailing the recovery. He has further stated that the recovered bottles of acetic anhydride were marked B-1to B-6 and two samples of 50 ml each were taken and filled in two small plastic bottles and thereafter closing their lid they were kept in white cloth and sealed and were marked B-7 and B-8. He has stated that the recovered heroin and acetic anhydride were seized under the provisions of the Act, all legal formalities were completed at the spot, and the witnesses present and the members of the raiding party initialed the memos prepared at the spot. He has also stated that impression of the seal used in recovery was given on the margin of the Panchnama. PW. 5 Laxman Katariya recorded statement of accused. Thereafter, informing the reasons for the arrest of accused Mukesh, the accused was arrested. The detailed report was submitted to him by PW. 5 under Section 57 of the NDPS Act. He has further stated that the matter was handed over to Ajmer singh, Inspector of the Office of Superintendent, CBN for further investigation. Thereafter, informing the reasons for the arrest of accused Mukesh, the accused was arrested. The detailed report was submitted to him by PW. 5 under Section 57 of the NDPS Act. He has further stated that the matter was handed over to Ajmer singh, Inspector of the Office of Superintendent, CBN for further investigation. It is also stated that on the basis of statement of accused Mukesh and at his instance the search of the house of Bapulal Gurjar, resident of Chhayan, Pipliya was taken. He has also stated that at that time Bapulal was present there. Panchnama in that regard was prepared. The samples of contraband were sent for testing by him at Neemuch factory through a Constable working in the office. The report regarding seizure was sent through fax to Deputy Commissioner, Narcotics, Kota. He has proved secret information Ex.P/13, notice under Section 50, seizure memo Ex.P/2 and forwarding letter Ex.P/10. Report regarding first information report under Section 57 of the Act Ex.P/14, the fax message sent to the Deputy Commissioner Narcotics, Kota Ex.P/15, receipt of the Fax Ex.P/16, Panchnama regarding identification of accused Ex.P/17 and Panchnama regarding search of the house of Bapulal Ex.P/18 were also proved by him. In the cross-examination, he has stated that Assistant Commissioner, Narcotics Department, draws his ACR. He has stated that no separate Panchnama regarding secret information given by the Mukhbir was prepared. He has also stated that he was incharge of the raiding party. The information recorded by him was sent to the Divisional Office and the entries were made in the receipt-despatch register. He has further stated that PW. 5 Laxman Katariya submitted report before him under Section 57 of the Act for the reason that he was the immediate higher officer in rank and was head of the raiding party. He has been cross-examined regarding the place of recovery at length. He has denied the suggestion that no recovery was made from the accused and they apprehended him from Lala Kheda Phanta. He has also denied the suggestion that infact he had not witnessed the seizure proceedings. 10. PW. .5 is Laxman Katariya. He has corroborated the statement of PW. 4 in its totality. He has denied the suggestion that no recovery was made from the accused and they apprehended him from Lala Kheda Phanta. He has also denied the suggestion that infact he had not witnessed the seizure proceedings. 10. PW. .5 is Laxman Katariya. He has corroborated the statement of PW. 4 in its totality. He has also stated that the recovered heroin which was sealed as Article 1 contains the detail at place ‘A’ to ‘B’ and his signatures are available at place ‘C’ to ‘D’ and accused Mukesh has signed at place ‘E’ to ‘F’. He has proved the entries made of recovered contraband and samples in the Malkhana Register. He has also stated in detail about the entire seizure proceedings. In the cross-examination, he has stated that he was a member of the raiding party and Vijay Singh was the leader of the raiding party. He has also stated that on his instructions he performed the duties. He has also stated that information of the Mukhbir was read over to them. He has admitted that no time was mentioned in the notice under Section 50 of the Act as it was not essential. He has denied the suggestion that it was wrong to say that they had brought two kgs heroin and five liters of acetic anhydride and accused has been falsely implicated in the case. He has further stated that Shri Meena was the immediate higher officer to him; therefore, information under Section 57 was submitted before him after he prepared the same. The suggestion has been denied that in the statement of accused Mukesh recorded nowhere makes a mention that from his possession heroin and acetic anhydride was recovered. He has further stated that it is correct to say that in the statement of Mukesh Ex.P/6, the weight of heroin and acetic anhydride has not been mentioned. He has further stated that without damaging the chit sealed packets could be tempered with but stated further to clarify that since at the place where the packets were stitched, seal was affixed, therefore, without breaking the seal samples could not be opened. The suggestion has been denied that false and fabricated memos were prepared. 11. PW. 1 Ramesh and PW. 2 Bagdi Ram, Motbir witnesses of the case have turned hostile. The suggestion has been denied that false and fabricated memos were prepared. 11. PW. 1 Ramesh and PW. 2 Bagdi Ram, Motbir witnesses of the case have turned hostile. They have completely denied the prosecution case but both the witnesses have admitted their impression on various memos and they have admitted their signatures on the statement of the accused. 12. PW. 3 Ramcharan is the Constable in the District Opium Office. He has stated that on 17.07.2000 while he was posted in the District Opium Office, Pratapgarh, he was given two samples marked A1 and B7 in sealed condition for depositing the same in Neemuch factory and he took those samples for chemical test in the Neemuch factory and there deposited the samples and obtained receipt. He has proved the carbon copy of the forwarding letter and also the carbon copy of test memo Ex.P/11. He has stated that in sealed condition, he deposited the samples in the factory and he obtained receipt Ex.P/12. In the cross-examination, he has stated that he does not remember as to whether the seals on the samples were in Hindi or English. He has confirmed the fact that on 17 July 2000, he was given two samples. Inspector Barad gave the samples to him from Malkhana and he started in the morning at about 9 and reached at Neemuch factory at about 11:30 and handed over the samples to the Incharge of the factory. He has stated that he does not remember the name of the Incharge of the factory. 13. PW. 7 is Jeewanmal Pamecha. He has stated that on 17.07.2000 he was working as Assistant Chemical Examiner in Govt. Opium and Alkaloid factory at Neemuch. He has stated that on that day, PW. 3 Ramcharan brought two samples given to him by the Superintendent (Prevention) CBN, Jaipur. The receipt in relation to the sample received by him Ex.P/12 was given to PW. 3 Ramcharan. He has also stated that he received the memo of specimen seal, forwarding letter and copy of test memo. He made the entries in relation to samples and subsequent seal etc. in the laboratory register. He has proved the entries at Serial No.135 to 140. He has stated that he handed over the two samples for conducting test to one Chemical Assistant Gr.I Jagdish Punjabi. He made the entries in relation to samples and subsequent seal etc. in the laboratory register. He has proved the entries at Serial No.135 to 140. He has stated that he handed over the two samples for conducting test to one Chemical Assistant Gr.I Jagdish Punjabi. The seals on the samples were found intact and same were as per the specimen seal. He has further stated that the contraband material sent for test was consumed during the course of testing; as such, the empty packets with the seal of the laboratory were sent to the Superintendent (Prevention), CBN, Jaipur. He has stated that on conducting test, the percentage of morphine was found 17.36. The liquid on testing was found acetic anhydride. He has proved report Ex.P/28 which was written by Jagdish Punjabi under his supervision. The witness has been crossed at length about the manner of conducting test. 14. PW. 8 is Prayogilal, Ex. District Opium Officer, Pratapgarh. He has stated that on 15.07.2000, while he was posted as Opium Officer, Pratapgarh, preventive team of the NCB had come there. He has stated further that Vijay Singh Meena (PW. 4) had received a secret information and that was sent from his office to the Deputy Commissioner, Narcotics, Kota through entry made in despatch register at 838 by post. He has stated that he has brought the register and has proved entries Ex.P/33 in this behalf . He has further stated that on 16th of July 2000, PW. 6 Ajmer Singh Barad, Inspector of the department deposited in the Malkhana with him the contraband material of Case No.4/2000 and he thereafter made entires in the Malkhana Register on Page 24. He has further stated that on 17.07.2000 sample A1 and B-7 were sent through Constable Ramchandra Kalvi for tests in the Neemuch Govt. factory in sealed condition. In the cross-examination, he has stated that double lock system was existing in Malkhana and one of the keys used to remain with him and the other key used to remain with the Inspector. He has admitted that in Ex.P/29 it has not been mentioned that there exists double lock system. He has admitted the suggestion that two kilogram heroin and five and a half litres of anhydride was deposited with him in the Malkhana. 15. PW. 6 Inspector Ajmer Singh has conducted further investigation in the matter. He has admitted that in Ex.P/29 it has not been mentioned that there exists double lock system. He has admitted the suggestion that two kilogram heroin and five and a half litres of anhydride was deposited with him in the Malkhana. 15. PW. 6 Inspector Ajmer Singh has conducted further investigation in the matter. He has stated that on 15.07.2000, Laxman Katariya (PW. 5) submitted a report under Section 57 of the Act before PW. 4 Vijay Singh Meena regarding 2 kilogram heroin and 5½ litres of acetic anhydride. He has stated further that he was instructed to register a case, therefore, after taking all relevant papers and the contraband materials alongwith the samples, Case No.4/2000 was registered and he started investigation. He has further stated that he deposited the recovered contraband material alongwith samples in the Malkhana of District Opium Officer, Pratapgarh. He has also stated that on the basis of statement of accused Mukesh, the houses of Ajij Khan and Mukesh were searched. He has stated further that summon under Section 67 of the Act was given to the wife of Ajij Khan so that Ajij Khan may appear before him. He has stated about further investigation made in the case. A lengthy cross-examination has been addressed to him regarding Section 50 of the NDPS Act and also in relation to Section 67 of the NDPS Act. 16. It has been the contention of the learned Counsel for accused appellant Mukesh Kumar that there has not been proper compliance of Section 50 of the Act in the present matter, which is mandatory in nature. On the other hand, learned Counsel for Union of India submitted that compliance has been made and since the search was taken of the bag of the accused, the provisions of Section 50 of the Act are not applicable in the present case. 17. I have considered the submissions made before me. I do not find merit in the contention of the learned Counsel for the appellant in view of Ex.P/1 notice under Section 50 of the Act. A perusal of Ex.P/1 indicates that option was given regarding personal search and the bag. It was mentioned in the notice that the accused had a right to be searched before a Magistrate or a competent Gazetted Officer. A perusal of Ex.P/1 indicates that option was given regarding personal search and the bag. It was mentioned in the notice that the accused had a right to be searched before a Magistrate or a competent Gazetted Officer. On this Ex.P/1 at place ‘G’ to ‘H’, it has been mentioned in the handwriting of the accused that he was willing to be searched by Laxman Katariya and this notice bears his signatures. In the statement of PW. 5 Laxman Katariya it has come that the accused was given notice and was informed about the right available to him under Section 50 of the Act and the search was taken on his agreeing on the search to be taken by the said officer. Stateme