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Judgment
I. S. Mathur, J.—The applicant is involved in Case Crime No. 505 of 1992, under Section 8/18 Narcotic Drugs and Psychotropic Substance Act, 1985, Police Station Aminabad, District Lucknow.
Heard Learned Counsel for the applicant interalia submits that there is a violation of the provisions of Section 50 of the N.D.P.S. Act inasmuch as the applicant was not made an offer to get searched before the Magistrate or the Gazetted Officer before his search. The learned Additional Government Advocate does not dispute the fact that the provision was not complied with, in State of Punjab v. Balbir Singh, JT 1994(2) SC 108 Hon''ble Supreme Court has laid down that the Section 50 of the N.D.P.S. Act is mandatory.
The applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/ and two sureties each in the like amount to the satisfaction of the Special Judge (N.D.P.S. Act), Lucknow, subject to the further condition that he shall report in the police station concerned one every month and shall not leave the jurisdiction of the Court without prior permission and whenever he leaves the jurisdiction he shall keep the Court and the police station informed of his whereabouts.
Bail granted