JUDGMENT Applicant Major Singh is involved in Crime No. 198/94, u/s 18/21 of the NDPS Act by P.S. Dabra, District Gwalior. It is alleged that some quantity of opium husk was recovered from the possession of the applicant while he was travelling. The applicant is a constable in Border Security Force No. 81577062 at Takenpur, head-quarter of BSF within this district. Learned counsel for the applicant pointed out that the mandatory provisions or section 50 of the NDPS Act were not complied with, when the person of the applicant was searched. He relied on the case of Ali Mustaffa Abdul Rahman Moosa v. State of Kerala, reported as 1994 (III) Crimes 456. In that case, it was held that the provisions of section 50 are mandatory. Learned counsel for the petitioner further relied on the case of Lakshmi Shankar Gupta & 11 ors. v. State & Anr. reported as III (1994) CCR 2039 (FB), in which the Allahabad High Court held that the bar imposed by Section 37 of the NDPS Act can be resolved when there is violation of mandatory provisions of the special Act itself. A full Bench of this Court in case of RamDayal v. CentralNarcotics Bureau, Cwalior, reported as 1993 JLJ 24 held that the rigour of Section 37 (1) of the NDPS Act could be mitigated when there is a contravention of mandatory provisions of the Act which creates a bar of jurisdictional infirmity. It was further held in that case that the limitation provided u/S 37 of the Act could be ignored in appropriate cases where contravention of mandatory provisions have been pointed out. On the other hand, learned Deputy Government Advocate appearing for the State Shri M.K. Jain referred to a case of Ramchandra v. State of M.P., reported as 1994 JLJ 706 . In that case, a single Judge sitting at Indore observed that the contravention of mandatory provisions u/s. 50 and Section 57 could not be looked into at the stage of grant or refusal of bail, which can be looked into only at the stage of trial. This observation is against the full Bench case of this Court as reported above as also the full Bench case of Allahabad High Court and Supreme Court, as pointed out earlier. This observation is against the full Bench case of this Court as reported above as also the full Bench case of Allahabad High Court and Supreme Court, as pointed out earlier. In this particular case, prima facie it has been pointed out that at the time of search, the mandatory provision of Section 50 was not fully complied with. It has also been brought to the notice of this Court that the appellant Major Singh is in active service of Border Security Force, posted at Takenpur, situate within the district at Gwalior. In the circumstances and also in view of the fact that the two public witnesses Jagdish and Madanlal have not supported the search as alleged by the prosecution in their statements recorded before the trial Court and have disowned the search itself. I find that the applicant is entitled to bail. Applicant Major Singh is admitted to bail furnishing one personal bond to the sum or Rs. 20, 000/- with one surety in the like amount, to the satisfaction of Special Judge, NDPS, Gwalior. The applicant shall appear before the trial Court on every date fixed during trial.