JUDGMENT 1. - Heard. This bail application has been preferred by Hanuman Prasad under sections 439 Cr.P.C. whose first bail application was rejected by this court on 9-12-1986. 2. Mr. Ravi Kasliwal, learned counsel for the petitioner argued that at the time of disposal of first bail application, the provision of section 42 of the Narcotic Drugs and Pschotropic Substances Act, 1985 (hereinafter referred as the Act) were not brought to the notice. 3. The argument of the learned counsel for the petitioner is that under section 42 of the Act, the power has been given to the officers for search, and seizure without warrant or authority. 4. A notification was issued which is numbered 6/85/F. No. 664/51/85 OPIUM dated 14-11-1985 and by this notification powers under section 42 of the Act were given to the officers of and above the rank of Sub-Inspectors in the Department of Narcotic and of and above the rank of Inspectors in the Department of Central Excise Customs etc. Thus, by this notification an officer above the rank of Sub-Inspector was empowerd to seize and arrest without warrant. Thereafter another notification was issued which is numbered F. (3)/FD/Ex/85/1 dated 16-10-86. The notification reads as under:- "In exercise of the power conferred by section 42 of the Act Narotic Drugs and Pshaotropic Substances Act, 1985 (Act No 61 of 1985) the State Government hereby authorise all Inspectors of Police and Sub-Inspectors of Police, posted as Station House Officers, to exercise the powers mentioned in Section 42 of the said Act with immediate Act : Provided that when power is exercised by Police Officer other than Police Inspector of the area concerned such officer shall immediately hand over the person arrested and articles seized to the concerned police Inspector or SHO of the police station concerned." 5. So after this new notification, the powers of section 42 of the Act have been conferred on all Inspectors of Police and Sub-Inspectors of Police posted as Station House Officers. 6. According to the FIR No. 1-10-1986 the SHO Shri Jain arrested the petitioner and also seized some opium found alleged, in his possession on 1-10-86. Powers of section 42 of the Act were conferred on Sub-Inspector or above him of the Narcotic on 16-10-86. Police Inspectors or Officers of his above rank were not authorised to arrest or seize without warrant. Powers of section 42 of the Act were conferred on Sub-Inspector or above him of the Narcotic on 16-10-86. Police Inspectors or Officers of his above rank were not authorised to arrest or seize without warrant. These powers were conferred on police officers on 16-10-1986. 7. Under such circumstances the bail application is accepted and it is directed that the petitioner be released on bail on furnishing a personal bond in a sum of Rs. 5000/- (Rs. five thousand only) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Ajmer for his appearance in the trial court as and when required to do so. *******