JUDGMENT 1. - Heard learned counsel for the petitioner and learned Public Prosecutor for the State, and also perused the case diary. 2. The contention of Shri S.N. Sharma is that the petitioner has been found to be in possession of only 15 Gms. smack of Rs. 300/-. He is in J.C. and in custody since 14-11-1987 his father expired on 23-11-1967 but he was not able to meet his family members even on that tragic occasion It is further contended that provisions of Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short N.D.P.S. Act) have not been filed in as much as inspite of request of the petitioner he was not taken to nearest Gazetted Officer or Magistrate for conducting the search which was conducted by the SHO who had come for arresting and searching the building. 3. It is also pointed out that even though 5 months have passed away chemical report from forensic science laboratory has not been made available to substantiate the alleged offence against the petitioner. 4. The contention of Shri S.N. Kumawat, learned P.P. is that the petitioner is facing allegations under Section 8/20 of N.D.P.S. Act, 1985 and this being serious offence he does not deserve be released on bail. 5. It is further contended that in the case diary there is mentioned that earlier also he was involved in such activities but details of the case or FIR's lodged in this respect are not available in the case diary. 6. Without going into the details about the compliance of Section 50 of the N.D P.S. Act, 1985, I am of the opinion that by this time the chemical report should have been produced in Court more so when the bail application is pending since February 9, 1988. The quantity of smack involved is 15 Gins In the facts and circumstances of the case, I am inclined to grant bail under section 439 Cr. PC to the accused petitioner. 7. It is, therefore, ordered that accused petitioner Mukhtyar Baig be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand) with two sureties in the amount of Rs. PC to the accused petitioner. 7. It is, therefore, ordered that accused petitioner Mukhtyar Baig be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand) with two sureties in the amount of Rs. 5,030/ each to the satisfaction of the trial court with the stipulation to appear in the court as and when called upon to do so during the pendency of the trial against him in this case.Bail granted. *******