incomplete and ambiguous, then it cannotbe construed to satisfg the requirements of Section 5Oof the Act. Non- compliance of theprouisions of Section 50of the Act uould cause prejudice to the acansed,and, therefore, amount to the denial of a fair tial. To seatrea conuiction under Section 21 of theAct, the possession o/ the illicit articte is a sinequa non.Such contraband article should be recouered in accordance uiththe prouisions of Section 50 of the Act, othentise,ttLe recouery itself shall stand uitiated in law.WhettLerthe prouisions of Section 5O of the Act werecompliedutith or not, tuould normally be a matter tobe determinedon the basis of the euidenceproduced bg the proseantion- An illegal seorch cannot entitle tleproseafiion to raise a presumption of ualiditg of euidence underSection50 of the Act. As is obuious from thebare language of Ex.PW- 6/A, the acansed u)as notmade a uLare of his right' that he could be searched in thepresenceof Gazetted Offtcer or a Magistrate, and that he couldexercise suchchoice- The uriting does not reJTect thismost essential requirement of Section 50 of ttteAct. Thus,ue haveno hesitation in holding that tlejudgment of the High Court does not suffer from anginfirmitg.
