JUDGMENT 1. - Heard. Perused the case diary/copy of challan papers made available for perusal. This is bail application under section 439 Cr.P.C. and the accusation against the accused-applicant(s) is for the offence under section 8/21 NDPS Act. 2. Learned counsel for the petitioner pointed out that in this case, the compliance of Section 50 Narcotic Drugs & Psychotropic Substances Act, 1985 has not been made and merely a memo has been prepared and filed with the papers. It is evident from the fact that there is a notice under section 50 prepared at 3.10 p.m. and it was signed at 3.22 p.m. by the SHO whereas at that time the accused was not at all available to the SHO to serve the notice because according to the roznamcha report No. 258 entered at 7.30 p.m., it has been mentioned that the accused was found in the park at 3.25 p.m. It clearly shows that the recovery as stated by the prosecution is highly doubtful. Learned Public Prosecutor has argued that there is a little discrepancy in the time given in the memo of roznamcha report. The bail is barred under section 37 NDPS Act. 3. Having considered the above documents, there are reasons to hold that the accused may not have committed the alleged offence and there is no material to hold that if released on bail, he may commit such offence again. Thus, the petitioner's case is covered under section 37 NDPS Act to enlarge him on bail. 4. Therefore, this bail application is allowed and it is ordered that the applicant(s) namely Narendra Nindi S/o Shri Bagu Ram Soni be released on bail provided he executes personal bond for a sum of Rs. 10,000/- (Rs. Ten thousand only) and furnishes one sound and solvent surety in the sum of Rs. 10,000/- to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.Bail granted. *******