1997 INSC 0898
                                        SUPREME COURT OF INDIA

                                                Abdulbhai Daudbhai

                                                           Vs.

                                                   State of Gujarat

                                               Crl.A.No.278 of 1993

                                         (G.N.Ray and G.B.Pattanaik JJ.)

                                                      24.09.1997

                                                       ORDER

As it appears to us that the mandatory provision of Section 50 of the Narcotic Drugs and
Psychotropic Substances Act have not been followed, the conviction made in this appeal cannot be
sustained. It appears that the Gujarat High Court in the impugned judgment had relied on an earlier
decision of the said High Court in Suraj Mal v. State of Gujarat, 1990 (1) Guj LH 122 : (1991 Cri
LJ 1483) but the decision rendered in the said case by the Gujarat High Court stands overruled by
the decision of this Court in Balbir Singh's case (1994 (3) SCC 299 : 1994 AIR SCW 1802) since
followed by a later decision by a three Judges' Bench. Therefore, we allow this appeal and set aside
the conviction and sentence passed against the appellant. The appellant is directed to be released
forthwith if he is not wanted in connection with any other criminal case.

         Appeal allowed.