(1.) Reference to this Bench has been made by one of us (G.R. Bhattacharjee, J.) by an order dated 5.3.1999 as His Lordship doubted the correctness of the decision of a division bench of this Court in Ajoy Srivastava v. State of West Bengal, 1998 2 AICLR 415 opining that the search in presence of a Gazetted Officer would be in substantial compliance of the requirements laid down in Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
(2.) The case at hand raises a question as regard interpretation of Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the said Act'). The provisions which are relevant for decisions in this case are as follows:"S.41. Power to issue warrant and authorisation. --
(3.) It is now a well settled principles of law that Section 50 confers a valuable right upon an accused. In terms of Article 21 of the Constitution of India as has been interpreted by the Apex Court in Dilip K. Basu v. State of West Bengal & Ors., 1997 AIR(SC) 3017 a person who may be arrested has some valuable rights.
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