JUDGMENT 1. - Learned counsel pointed out that secret information was received at 2.10 p.m. Consent of the Motbirs to become witnesses was taken at 2.40 p.m. According to the recovery officer the accused was seen running away at 3.20 p.m. who was caught and search was effected at 3.45 p.m. Therefore, the notice under section 50 the Narcotic Drugs & Psychotropic Substances Act, 1985 could be served only after 3.20 p.m. when the accused was first of all caught running away. But the notice under section 50 Narcotic Drugs & Psychotropic Substances Act, 1985 has been served at 2.25 p.m., which bears the signatures of the petitioner and his noting about consent of search. Therefore, it cannot be said that any recovery was made from the petitioner as per the above prosecution version. Even the compliance of Section 50 NDPS Act has not been made. Learned Public Prosecutor submitted that it may be bona fide mistake of writing time on the notice under section 50 NDPS Act. 2. I have considered the rival submissions I have perused the documents. It is not appropriate to make any comments on the merits of the case. However, in view of the documents and the alleged recovery, there are ground to say that the petitioner may not have committed the alleged offence. There is also no material to say that if released on bail, he may commit the offence again. His case is covered under the provision of Section 37 NDPS Act. 3. The petition is allowed and it is hereby ordered that petitioner-Mahendra Kumar S/o Ram Gopal be released on bail provided he executes a personal bond in the sum of Rs. 10,000/- and executes one sound and solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance in that Court for his appearance on each and every date of hearing and whenever called upon to do so till the completion of the trial.Bail allowed. *******