IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Leave to Appeal No.71 of 2002. The State of Rajasthan VERSUS Rajesh Kumar son of Shri Jile Singh. Date of Order :::: 25/02/2009. Hon'ble Mr. Justice Bhanwaroo Khan Ms. Rekha Madnani, Public Prosecutor for the State. By the Court : This is leave to appeal against the judgment dated 21.06.1999 passed by the District & Sessions Judge, Baran, wherein accused-respondent Rajesh Kumar has been acquitted of the offence under Section 8/18 of the N.D.P.S. Act, 1985. Heard learned counsel for the State and perused the material available on record. From the record, it reveals that contraband weighing 8.600 kgs., was recovered from the bonet of the Jeep, which was being driven by accused-respondent. The trial Court has acquitted the accused respondent as it found non-compliance of mandatory provisions of Sections 42 and 50 of the Act. During investigation and at the time of search no independent witnesses were produced by the prosecution. It seems that the trial Court was mislead, as the contraband in the instant case was recovered from the Jeep and not from the personal search of accused- respondent. Therefore, question of compliance of provisions of Sections 42 and 50 of the Act does not arise. By now it is well settled that compliance of Section 50 of the Act is required in the case of personal search of the accused-person. The leave to appeal on the basis of said arguments deserves to be allowed. The leave to appeal is granted. Admit. Appeal be registered. The memo of leave to appeal be treated as memo of appeal. Accused-respondent be summoned through a bailable warrant in the sum of Rs.10,000/- to appear before this Court on 31.03.2009. (Bhanwaroo Khan) J. ashok/