Gopal Vohra vs State of U.P.

K. C. Bhargava, J.—This is 2nd Bail application. Heard learned counsel for the parties. Learned counsel for the applicant has argued that compliance of Section 57 of N. D. P. S. Act, has not been done in the present case and as such the search become illegal and the applicant is entitled to bail.

Learned counsel for the State, states that according to the instructions received, the compliance of Section 50 was done with, mandatory time given by the section. No affidavit in support of this contention has been filed by the learned counsel for the State, in spite of the sufficient time having been granted. This application was moved on 1992 the supplementary affidavit was filed on 28992. No further time can be given.

Provisions of Section 57 of N. D. P. S. Act are mandatory in nature. As this section provides that when arrest and seizure under this Act'' is made, full report of all the particulars of such incident has to sent to be immediate superior officer within 48 hours.

As the provisions of this section are mandatory in nature that will vitiate the search.

According to the learned counsel for the applicant as there is no counteraffidavit on behalf of the State, the allegations contained in the bail application have to be accepted.

In case if the provision of Section 57 of N. D. P. S. Act is not complied with it affects the arrest and seizure. The application is allowed.

Let the applicant Gopal Vohra be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of C. J. M., Lucknow.