( 1 ) "whether at the pre-trial stage of deciding the bail application for the alleged offence under Sec. 20 (b) of the Narcotic Drugs and psychotropic Substances Act, 1985, the Court is justified in going into technical questions such as (i) the compliance of the mandatory provisions under Secs. 42 (2) and 50 (1) of the NDPS Act; and (ii) regarding the possession of the house in question from where the muddamal narcotic substance was found out ?" These two questions arise for consideration in the context of the facts and circumstances as enumerated hereunder.

( 2 ) ACCORDING to the prosecution, Mr. P. V. Kotwal, PSI, Limbayat Police station, Surat, on receiving the tip-off that Shaikh Lala Shaikh Balu was illegally storing and selling "ganja", he immediately requisitioned the services of two panchas and raided his house on 4-8-1993 at 21-30 hours. At that time, the accused was present in the house and on taking search of his house, from one room, white coloured bag was recovered and on opening the same, "ganja" was found out. On making inquiry about the possession of the said "ganja", the accused had neither any pass nor permit nor could he render any explanation.